…the institutional rules (notably the rules of the Dubai International Arbitration Centre (DIAC)). Authority to enter into arbitration agreements Egypt Article 11 of the Arbitration Law provides that arbitral agreements…
…and of disputes arising out of treaties, by arbitration, mediation, and other forms of alternative dispute resolution mechanisms (ADR); (b) the preparation and issuance of rules and procedures required for…
…Indian Courts for the purposes of Code of Civil Procedure. Contentions:-: The Carriage by Air Act, 1972 was enacted to give effect to the Convention for Unification of Rules relating…
…the court of first instance and that of the appellate court was not consistent with the procedural rules. Thus, although the main purpose of this article was to warn of…
…arbitration in India [Plea to Change Arbitration Rules, April 28, 2014, Telegraph]. Currently, foreign lawyers cannot participate in Indian proceedings. This change, if effected, would be highly desirable and would…
…be submitted to arbitration with Beijing Arbitration Commission according to its arbitration rules.” Sinovel’s motion was later denied by the Beijing Intermediate People’s Court. Sinovel then filed an appeal of…
…form of dispute resolution besides the available recourse to the state court. Arbitral institutions based in the Netherlands are expected to amend their arbitration rules to bring them in line…
…EC Regulation No. 44/2001, such right prevailing over domestic rules recognising the defendant’s right to be sued in arbitration in accordance with an arbitration clause. More specifically, according to the…
…then commenced arbitration against Meydan under the rules of the Dubai International Arbitration Centre (DIAC) seeking sums it claimed were owed under its contract with Meydan (DIAC Case 201/2010). Meydan…
…(“WIPO Rules”) and WIPO Expedited Arbitration Rules. The revised rules will enter into force on 1 June 2014 and apply to all WIPO arbitrations commenced on or after that date….
…the standard customer agreement used by Charles Schwab & Co., Inc. In overturning the earlier decision, the Board of Governors focused on the FINRA arbitration rules, which explicitly bar class…
…not operate in a vacuum, but are expressly stipulated (at paragraph 1) not to derogate from any “mandatory laws, rules of law, professional rules or codes of conduct if and…
…options for submitting claims to international arbitration, such as the ICSID Additional Facility, ad hoc arbitration under UNCITRAL Rules, the Stockholm Chamber of Commerce or ICC Arbitration, among others. I…
…in FCC Arbitration allow secretaries to research legal and technical matters but prohibit them from participating in deliberations and drafting awards. • ICSID’s Arbitration Rules preclude ICSID secretaries from attending…
and Felipe González Arrieta The UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (hereinafter “the Rules”) came into force in April 1, 2014. The Rules were adopted at the forty-sixth…
…a less costly procedure would better serve the parties’ interests. The Swiss Rules of International Arbitration provide an interesting tool in Article 42, if parties refer to such Rules: it…
…dispute is brought to arbitration under the ICSID Convention, the ICSID Additional Facility Rules, or the UNCITRAL Rules. (See, e.g., Romak v. Uzbekistan, Nova Scotia Power v. Venezuela) For instance,…
…to an arbitration institution or other designated authority under the applicable rules. Such an approach may ensure against disaster in the selection process. But as a negotiation objective this is…
…of Rules (Belgrade Rules) which provide for a modern and efficient procedural framework for arbitral proceedings. The Belgrade Rules draw upon some of the leading international arbitration rules (including the…
…facta concludentia (i.e. the use of the same language for the contract, the arbitration agreement, the correspondence etc.), allowed? Arbitration rules generally do not provide a specific form (e.g. written…
…Tomskneft are placed. Observations A number of important points may be taken from Yukos Capital v Tomskneft: • Rules on exorbitant jurisdiction, including the rules on its ouster, are suggested…
…the internal jurisdictional dispute between Beijing and the two sub-commissions has loomed large, resulting in the latter two declaring independence, re-naming themselves and introducing new arbitration rules (see previous Kluwer…
…clarify the existing provisions of those agreements in accordance with the customary rules of interpretation of public international law”. In the words of the Appellate Body, the GATT and WTO…
…vintage years for Belgian arbitration. First, the Cepani, the major Belgian arbitration institution, modernised its arbitration rules. The new rules entered into force as from 1 January 2013 (see the…
