…in Article 18 of the UN Convention, which rules out the possibility of levying conservatory attachments on a state’s assets without the state’s prior express consent. However, the Dutch Supreme…
…under the parties’ agreement on confidentiality in Article 30.2 of the LCIA Rules. Conclusion The theme throughout Popplewell J’s judgment is that the Court will respect its role in the…
…and the consequent lack of publicly-available empirical evidence has militated against certainty, it has been the accepted wisdom in recent years that 3PF is becoming increasingly prevalent in investment arbitration….
…other players must co-operate and play their part as well. Taking female arbitrator appointments, it is all very well that the institutions themselves are making impressive efforts to appoint females,…
…tribunal secretaries, reviewing several sources of information on the role of tribunal secretaries including: • Art 14 of the LCIA Rules 1998 (the rules applicable in this case1)Similar wording is…
…from unassisted (private settlement) negotiation are subject to the rules of contract law. Accordingly, some jurisdictions understandably object to the different treatment of these settlement agreements for the purpose of…
…need to invest time into understanding more about negotiation. I offer as evidence this passage from his book on how opening offers contributed to a good settlement result of a…
…business. As I outlined in a previous KAB post, it is surprising that Iraq ratified the ICSID Convention, or signed the various treaties it has, rather than taking what is…
…discussion and mutual agreement shall be referred to and finally resolved by arbitration as per Indian Contract Rules. The arbitration clause in the second contract reads as follows: The Seller…
…of disputes within the international factoring community. The authors recently took part in an arbitration under the Rules of Arbitration of Factors Chain International (FCI Rules). In this article we…
…submit evidence on the petition in 2015, asking for guidance on how much deference it had to afford the Athens court’s decision. The U.S. ultimately declined in January 2016, and…
…proceedings such as confidentiality and the taking of evidence. As we all know, such parallel proceedings often also take the form of court proceedings initiated to seek conservatory or other…
…agreement or award falling under the [New York] Convention.” West of England relied on an arbitration clause in its Club Rules that it contended were in effect at the time…
…arbitrators are asked to determine facts that grew out of interactions within unfamiliar cultural milieu on the basis of evidence offered by “cultural others,” they appreciate the limitations of their…
…from or relating to these terms or any Contract made hereunder shall, unless resolved between us, be referred to arbitration under the arbitration rules of the relevant exchange or any…
…administered by the DMS may use the model arbitration clause provided on the DMS website. Arbitration proceedings are conducted on the basis of the DMS Rules of Arbitration (“DMS Rules”)….
…more than ever before – to Brazil. That is because the arbitration rules that will apply as the basis for the competition’s fictional dispute will be, for the first time,…
…that covers most large-scale infrastructure projects. MP 752 created additional tools to favor PPI projects. One of them is arbitration under special rules. Articles 1 and 2 of Law 9.307,…
…available regimes are the ICSID Convention (with its associated arbitration rules), ICSID Additional Facility and the UNCITRAL Rules. There are numerous differences between these three rules. One such difference is…
The FIDIC forms of contracts (FIDIC forms) constitute a comprehensive set of rules applied worldwide in complicated construction projects. The FIDIC forms contain a multi-tier dispute resolution mechanism – depending…
…investment court system (ICS) of the EU should be applied to NGOs, i.e. the UNCITRAL Transparency Rules. Indeed, this may require to align on this point the OECD Guidelines with…
…relation to bridging the gaps between different legal traditions on evidence, the safest option remains sticking with the 2010 IBA Rules on the Taking of Evidence in International Arbitration. Settlements…
…that claimants are afforded the right to obtain the disclosure of evidence relevant to their claim, without it being necessary for them to specify individual items of evidence”. (Recital 15…
…exclusion of evidence on the basis of privilege, confidentiality, or violation of fundamental principles of international public policy. In short, investor-state arbitration follows robust rules of evidence. It can withstand…
