…institutions, the HKIAC Arbitration Rules promote the effective use of technology (including AI) in international arbitration. It remains to be seen whether the HKIAC will provide further guidance on the…
…2024 Rules and have done a series of roadshows in different jurisdictions, with more in the pipeline. We will also issue additional guidance on the 2024 Rules, so please look…
…by recent trends and practices. Users expect institutional rules to be updated to provide the most efficient mechanism for resolving their disputes. Until arbitration rules have been amended, the proposed…
…Dispute Resolution Rules 2022. Mr Spiros Poa explained that ADR is a familiar method of resolving disputes in the region; his experience in the Solomon Islands and PNG is that…
…The panel observed that the International Bar Association Rules on the Taking of Evidence in International Arbitration 2020 (“IBA Rules”) limit requests to produce documents to those ‘relevant to the…
…and ‘comparable’ mean for the purpose of ‘taking into account prices under other long term comparable contracts.’ There are pros and cons to leaving the clause broad, with the advantage…
…award of the arbitral tribunal constituted under the rules of the Commercial Arbitration Centre of the Portuguese Chamber of Commerce and Industry (Centro de Arbitragem Comercial da Câmara de Comércio…
…role as a thought leader. Our plans and goals include the following: We will conduct an update to the ACICA Arbitration Rules by 2026. Our Rules Committee has been reconstituted…
…the importance of maintaining party trust and advocated for broad disclosure to avoid conflicts of interest. Stein warned that excessive disclosure might discourage arbitrators from taking on cases due to…
…the Dubai International Arbitration Centre (“DIAC”) Arbitration Rules 2022 (“2022 DIAC Rules”), arbitrations arising from DIFC-LCIA arbitration agreements that are concluded by 20 March 2022 are to be administered by…
…which the Minister emphasised that the legal framework must inspire trust, and there needs to be clear laws and rules that are transparent, with rational and objective criteria. Responding to…
…not obtained through illegal means and there was no evidence supporting the claim of privilege. After considering the submissions from both parties, the tribunal concluded that there was insufficient evidence…
…the rules of Chinese arbitration institutions, demonstrating increasing global acceptance of awards issued in China by Chinese institutions, such as the China International Economic & Trade Arbitration Commission. With major…
…[…] a universally recognized cornerstone of treaty interpretation” and “is the source of several other international legal principles, such as ‘the rule pacta sunt servanda and other legal rules distinctively…
…a contract containing an arbitration clause providing for arbitration in Vienna under the VIAC Rules and German law as the substantive law. The Russian party initiated proceedings before the Russian…
On 4 July 2024, Russia’s Arbitrazh Court of the North-Western Region (cassation) confirmed the earlier decision of the Arbitrazh Court of Saint Petersburg (first instance) to grant an anti-suit injunction…
…rules, Spain must follow a standstill obligation (Article 108(3) TFEU). Finally, EU state aid rules require EU Member States to prevent unlawful state aid. Consequently, Spain contended that – if…
…5 July 2023 decision, which concerned an award rendered in accordance with the Arbitration Rules of the Beijing Arbitration Commission, the Court further explained that an application for enforcement of…
…clauses, led by Luísa Quintão (Attorney, Justen, Pereira, Oliveira & Talamini Advogados) and Márcio Vasconcellos (Attorney, King & Spalding); and The dichotomy between private autonomy and mandatory rules in the…
…arbitration. In this model, arbitration with state entities is always contract-based and, thus, categorized as commercial. The Brazilian state, as a contracting party, is subject to the rules stipulated in…
…the most likely scenario given the existing evidence. This process relies on that technical evidence—such as project documents, technical reports, and other data—forming the so-called “naturalistic causation.” After a logical…
…jurisprudence, the Delhi High Court emphasised the importance of the successful resolution applicant taking over the corporate debtor without the uncertainty posed by unresolved claims. In light of the Supreme…
…that the NPS is a de facto State organ, due to evidence “linking the NPS to the State both functionally and financially” (E.445). It emphasized different facts than the Mason…
…contract between them did not accept the official clarification of the VIAC as evidence of the enforceability of the arbitration agreement, stating that this clarification supports the opposite conclusion because…
