…Arbitration Act. Both of these initiatives take aim at issues that could have been addressed through enforceable ethical standards or rules governing the conduct of arbitrators. It is up to…
…a necessary part of arbitration. As it was a case in Poland under the amended rules (until 1 January 2016) at least two court instances were available to the parties…
…the Russian company law and the delocalization of the country’s economy, such as general rules on shareholders agreements (SHA) or the “four-eyes” principle enabling the appointment of more than one…
…their rules. One notable exception is Art. 37, Para. 4 of the Rules of the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry (Court of Arbitration at…
…whether a tribunal should resort to private international law in case of an international dispute. If yes, should it apply the private international law rules of BiH, or “the conflict…
…tribunal with jurisdiction, the legislator created another layer of limitation specifically related to international cases, in particular, related to conflict-of-law rules in art. 28 of the Model Law. In particular,…
…inexpensive proceedings. By contrast, so they say, today’s arbitral process has become so over-sophisticated, over-lawyered and suffocated by a plethora of detailed laws, rules and guidelines that arbitration is hardly…
…administration services and provides for different ADR procedures, including mediation, arbitration and expert determination. The WIPO Arbitration Rules are particularly adapted to intellectual property related disputes and are generally regarded…
…Panel and List of Arbitrators. HKIAC was also the first institution in Asia to release a Russian version of its administered arbitration rules. III. Experience HKIAC has significant experience managing…
…ICC Rules 2012, the LCIA Rules 2014, or the Draft SCC Rules 2016). In summary, it is a question whether the proposed changes will promote Russia as a serious competitor…
…with the PSI than what was an offer in the markets. Before the International Swaps and Derivatives Association (ISDA), which manages Credit Default Swap (CDS) rules, declared that a Restructuring…
…rules, so that set aside proceedings would be primarily in writing, and exclusively decided by the Svea Court of Appeal, which is the court that already decides the vast majority…
…CIETAC amended its Arbitration Rules in 2012. The Arbitration Rules of 2012, which took effect on 1 May 2012 (the 2012 Rules), replaced those of 2005 (the 2005 Rules). Article…
…of arbitration lie in party autonomy, insolvency laws are often comprised of mandatory rules protecting the interests of different classes of stakeholders. This article attempts to devise an abstract model…
…one of the individuals. (para. 106.) Mr. Al-Warraq brought claims under the UNCITRAL Rules and the Organisation of the Islamic Conference (“OIC”) agreement. (para. 10.) Indonesia brought a counterclaim, alleging…
…UNCITRAL Rules of Arbitration are also illustrative on the second jurisdictional prong. In Saluka v. Czech Republic (UNCITRAL, Decision on Jurisdiction over the Czech Republic’s Counterclaim, 7 May 2004), the…
…nationals by tribunals constituted under the ICSID Convention and under the UNCITRAL Arbitration Rules (or other arbitral rules that are silent on the question of dual nationality). It may be…
…those listed in the Convention – for the recognition of foreign arbitral awards. However, the Internal Rules of SCJ and its case law have regretabbly done so. Based on precedents…
…“Any dispute arising in connection with this Agreement […] is to be finally resolved in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce. […]…
…already been appointed; c. the applicable procedural rules and the quantum of the dispute; d. the seat and/or venue of the arbitration; e. any specific nationality, language and/or other requirements…
…calling for arbitration under different institutional rules or with different seats, for example, consolidation generally will not be possible. Given the large number of contracts that may be implicated in…
…6 of the IAA and Rule 25.2 of the SIAC Arbitration Rules 2013 to argue that it was exclusively within the jurisdiction of the arbitral tribunal to decide the issues…
…are hard-wired to appreciate a good story. Stories serve the biological function of encouraging good behavior and conformity to social rules. Most importantly, stories are a tool of persuasion. Certain…
…location they find convenient. They may even meet each time in different places. As provided by the ICC Arbitration Rules and by most dispute resolution rules, the arbitral tribunal may,…
