…arbitration proceedings seated in Toronto under the ADR Institute of Canada Rules, heard by single arbitrator jointly selected by the parties, who: “must be either a retired judge, or a…
…in common law systems – despite some scattered express rules (e.g., in France) and interpretations based on the general principle of good faith (e.g., Italy). In general, the duty to…
…He questioned the dogma that, because international arbitration exists in a transnational, “delocalized” space, it allows for the application of an ethereal body of “transnational substantive rules” to fill gaps…
…UNIDROIT Principles, which sets forth non-exhaustive general rules for applying those principles in international commercial contracts. According to Mrs. Boscolo, the preamble allows recourse to the UNIDROIT Principles by express…
…veil, it would have provided more favourable rules of enforcement in respect of this foreign award than would have been available to a party wishing to enforce a domestic award….
…same arbitral rules (e.g., the 2016 Rules and SIAC Rules 2007) to be consolidated. The 2016 Rules had only permitted consolidation of arbitrations pending under the SIAC Rules. Coordinated Proceedings…
…be consolidated under the previous Dubai International Arbitration Centre (“DIAC”) 2017 Rules, even though those rules did not contain any explicit consolidation provisions. Case studies from the UAE further illustrated…
…the ISDS Provision Unconstitutional The decision has left many issues unresolved regarding the rules of Constitutional interpretation under Ecuadorian law when confronted with concepts used by international tribunals. However, the…
…tribunal to rule on one jurisdictional ground, while the court rules on another. However, pursuant to section 32(2)(b)(i), applications will only be considered if the determination is likely to “produce…
…unenforceable. Parties can survey legislation or rules to determine if there exists a clear, explicit, well-defined public policy, one that is “directly ascertainable by reference to a statute, implementing administrative…
…their local rules do not permit them to do so. Further, Ms. Collins highlighted the dangers of too much expert preparation, as it can impact not only the credibility of…
…the investment agreement has incorporated helpful rules and regulations, such as the HKIAC Administered Arbitration Rules (the “HKIAC Rules”); and third, how to obtain meaningful remedies through domestic law. She…
…address concerns around running afoul of champerty and maintenance rules. Lack of access: There is currently a lack of data such as success rates, and larger firms typically have greater…
…Arbitration (Outcome Related Fee Structures for Arbitration) Rules 2022 (collectively, the “Rules”) came into force on 16 December 2022. The Rules primarily (1) establish three types of fee agreements, namely,…
…agreements need to be read through the lens of the agreed institutional rules and, for increased clarity, institutions have responded by updating the language of their rules to increase the…
…Violating the UAE Public Policy Through the Application of Foreign Evidentiary Rules The Amendment Law upholds the tribunal’s discretion in determining the applicable evidentiary rules (Article 33) and reaffirms the…
…including that its tribunals are familiar with the nuances of the Australian rules of football. Venetia Bennett briefly discussed some limitations for in-house sports tribunals (although was, perhaps rightly, of…
…fact that arbitrations under the WIPO Arbitration Rules are typically resolved within 18 months to two years. Parties requiring a shorter time scale can request an expedited arbitration under the…
…1 January 2013, CEPANI introduced new arbitration rules. On 1 September 2013, a new Belgian arbitration law entered into force. And last but not least, b-Arbitra was launched. Ten years…
…laws. An alternative may be for institutional rules to provide clarity by in effect mandating outcomes such as those provided for under the Foreign Limitation Periods Acts. However, while technically…
This two-part blog post discusses applicable limitation laws, i.e., legislation purporting to limit the time period within which claims in international commercial arbitration proceedings must be commenced (Limitation laws). It…
…most professional rules, which an arbitrator (subject to their profession) may be bound by, dictate certain standards of professional conduct, including ethical standards, there are no such rules when it…
…was wrong. Further, the Law Commission provisionally proposed that the English Arbitration Act 1996 be amended to confer the power to make rules of court to implement its proposals. It…
…The first question that arises is whether the conduct of the Centre may lead to international responsibility of Türkiye under the rules of attribution. The second question is whether the…
