Prague Rules

Civil Law, Institutional Rules, Japan, Japan Commercial Arbitration Association, JCAA, Prague Rules, Settlement

(Mori Hamada & Matsumoto)/ /Leave a comment

In recent years, criticism that international arbitration rules lean too heavily on common law traditions—with similar legal costs as a result—has culminated in the creation of multiple new sets of arbitration rules, each claiming to facilitate more efficient arbitration proceedings through civil law-based case management strategies. Whether those rules actually result in more proactive management…

IBA, Investment Arbitration, Prague Rules, Transparency, Transparency in investment arbitrations

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International arbitration has been regarded as a flexible and efficient dispute resolution mechanism. While this may hold true for most phases of the arbitration, document production (i.e., the phase where a party requests the other party to produce documents that are in the other party’s possession and are relevant to the dispute and material to…

Discovery, Document Production, Evidence, IBA Rules of Evidence, Prague Rules

, (Peter & Kim)/ /Leave a comment

Introduction Document production has become a standard phase in international arbitration, but the documents sought and produced often turn out to be voluminous. As such, document production is perceived as a time-consuming, costly, and burdensome process. This has prompted practitioners to come up with the Rules on the Efficient Conduct of Proceedings in International Arbitration (“Prague…

COVID-19, Due process, ICCA, ISDS, Prague Rules, Rule of Law, SIAC, SIAC Congress

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YSIAC

The Singapore International Arbitration Centre (“SIAC”) hosted its Congress on 2 September 2020.  For the first time, the Congress was held virtually.  The Chairman of the Board of Directors of SIAC, Mr Davinder Singh, SC, in his welcome address thanked over 1,000 attendees for attending virtually from all over the world despite time zone differences. …

Construction, Construction arbitration, COVID-19, Denmark, Energy, Infrastructure, Paris Arbitration Week, Prague Rules, United Arab Emirates, USA, Webinar

(Hogan Lovells)/ /Leave a comment

How severely are international construction projects affected by global COVID-19 pandemic? What does the COVID-19 pandemic mean for international construction disputes? As with so many other questions arising in relation to the pandemic, these questions will only be answered definitively in retrospect. For construction arbitration practitioners though, one of the immediate and graspable effects has…

Arbitration, Expert evidence, Germany, Prague Rules

(White & Case)/ /2 Comments

As in most jurisdictions, Germany based arbitral tribunals and German state courts assessing challenges to arbitral awards are often confronted with questions regarding the conflict between the parties’ right to be heard and the denial of the parties’ requests for evidence. In recent years, the German Federal Court of Justice (Bundesgerichtshof – BGH)1)E.g. BGH case…

Evidence, Expedited Proceedings, Investment Arbitration, Prague Rules

, (Luther Rechtsanwaltsgesellschaft)/ /Leave a comment

Introduction  The Prague Rules have been widely discussed over the past few months, among others, on this blog.1)Posts on the topic of the Prague Rules can be found here, here, here, here, here, here, here, here and here. Yet, to the knowledge of the authors, none of those discussions has specifically addressed the application of…

Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Construction, Construction arbitration, Dispute Resolution, Document Production, Expert evidence, Hearings, IBA, IBA Rules of Evidence, International arbitration, Prague Rules

(Hogan Lovells)/ /Leave a comment

The main concerns of parties when considering arbitration are the costs and length of arbitration proceedings (see, e.g., Queen Mary University of London 2018 International Arbitration Survey). The popularity of arbitration as a method of resolving construction disputes thus depends largely on whether costs can be reduced and efficiency maintained. This is particularly the case…

Confidentiality and Transparency, Danish Institute of Arbitration (DIA), Diversity, ICC, Inherent Powers, Investment Arbitration, IT, M&A, Prague Rules, Witness, Witness Statement

(The Danish Institute of Arbitration)/ /Leave a comment

  The Danish Institute of Arbitration (DIA) and ICC Denmark hosted Copenhagen Arbitration Day earlier this year. Discussion took place on a wide range of topics such as the criticism of arbitration, diversity and the Prague Rules. The day began with three lunchtime seminars. The first took place at the University of Copenhagen, where four…

Arbitration, Evidence, International arbitration, Prague Rules

, (Clifford Chance Asia)/ /1 Comment

The publication of the Rules on the Efficient Conduct of Proceedings in Arbitration (“Prague Rules”) on 14 December 2018 heralded a challenge to the well-established incumbent (i.e. the International Bar Association (“IBA”) Rules on the Taking of Evidence (“Evidence Rules”)) and prompted much debate amongst the arbitral community, including at least six posts on this…

Prague Rules

(Baker & McKenzie), (Ellex Raidla), , (Archipel), and (NautaDutilh)/ /Leave a comment
Young ICCA

The following article is the result of a collective project, carried out by one of the groups of the Young ICCA Mentoring Programme, comprised of Juan Pablo Valdivia Pizarro, Andreea I. Nica and Maria Teder, as Mentees, Vladimir Khvalei, as Mentor, and Laurence Ponty, as Buddy. With the benefit of Vladimir Khvalei being one of…

Anti-ISDS Propaganda, Arbitration Institutions and Rules, Commercial Arbitration, Costa Rica, Document Production, ICC, ICC Arbitration, Latin America, Prague Rules

(DLA Piper)/ /Leave a comment

The X CAI Costa Rica held by the Costa Rican Chapter of the ICC and its Arbitration Commission, took place in San Jose, Costa Rica between February 24 and 27, 2019. Ten years have led to its consolidation as one of the most important ICC events in the region. This year’s intensive program included several…

Arbitral Tribunal, IBA, IBA Rules of Evidence, International Arbitration Procedures, Prague Rules, Tribunal

(Clyde & Co.)/ /1 Comment

On December 2018, the Prague Rules on the Efficient Conduct of Proceedings in International Arbitration (“Prague Rules”) were released. (For related posts on the Prague Rules on Kluwer Arbitration Blog click here, here, here, and here.) The Prague Rules aim to increase efficiency and reduce costs in arbitral proceedings. The project arose from a general…

Japan, Japan Commercial Arbitration Association, JCAA, Prague Rules

, , and (Herbert Smith Freehills LLP)/ /Leave a comment
Herbert Smith Freehills

Overview1)The views expressed herein are those of the authors and should not be construed as necessarily reflecting those of their firm or of any of its clients. On 1 January 2019 the Japan Commercial Arbitration Association (the “JCAA“) amended its two current sets of arbitration rules. At the same time, it introduced an additional set…

Discovery, Evidence, IBA Rules of Evidence, Prague Rules

(MDisputes)/ /2 Comments

The Prague Rules on the Efficient Conduct of Proceedings in International Arbitration will be officially launched this week (December 14). This set of rules of evidence and procedure formulated from civil law practices has already generated a substantial and healthy debate within the international arbitration community, including here on the Kluwer blog, on whether they…

Arbitration, Arbitration Proceedings, Document Exchange, Document Production, IBA Rules of Evidence, Prague Rules

, (Baysal & Demir Law Firm)/ /1 Comment

Document production is one of the most important and controversial topics in international arbitration. Some practitioners consider the document production as “an essential element of justice”, whereas some others consider it as “a waste of time and money”. So, where does the truth lie? Does Common Law Provide Better Justice than Civil Law or Vice…