…recognised that “Businesses seek assurance of the prevalence of rule of law in the Indian market. They need to be assured that the rules of the game will not change…
…it is upheld in the lex arbitri, or imposed under the rules of the arbitration institution, or provided for in the parties’ dispute resolution clause. A large majority of the…
…must have a greater say regarding trade deals. The same voice of taking back control is heard in many countries across the EU and most visibly in the UK after…
…more confident in its position (if the evidence produced in the proceeding does not clearly contradict the team’s theory). The same phenomenon is likely to occur in the group on…
…not reflect the opinions of Quinn Emanuel or of the Brazilian American Lawyers Association. To further deepen your knowledge on fact evidence in international arbitration, including a summary introduction, important…
…to relieve that pressure on the competent authorities. Firstly the two year time limit for resolution by agreement may be extended to three years. Secondly, detailed rules about the sufficiency…
…express their views on factors they considered as promoting dispute resolution efficiency most going forward. In this connection, the survey included questions on transparency mechanisms, specialisation of institutions, rules and…
…Rules“). These amendments, coming into force as of 1 March 2017, introduce – among others – the rules on expedited procedure (“Expedited Procedure Rules“). On that day the ICC Court…
…must have a license to administer arbitrations seated in Russia); and • the institution must have special arbitration rules for corporate disputes (and deposit them with Russia’s Ministry of Justice)….
…respondents. Three tasks that are (on the basis of responses to the ICCA and BLP surveys) especially controversial are (i) reviewing or summarising evidence and submissions, (ii) participating in the…
…arising out of or in connection with the JV Contract: “shall be referred to and finally resolved by arbitration in Hong Kong in accordance with the Arbitration Rules of the…
…(when developing non-binding “Statements” on arbitral procedure) and UNCITRAL (when developing transparency rules that apply largely on a voluntary, opt-in basis). With the conclusion of the TPP (subject to a…
…the evidence presented by CEAC – who bore the burden of proof – did not satisfy even the lower threshold proposed by itself since it failed to show that it…
…inclusion of emergency arbitration provisions in the SIAC Rules and HKIAC Rules. It is hoped that with the launch of the MCIA providing for emergency arbitration and the Government’s push…
…the proceedings, not establishing limitation to the use of rules provided by an arbitral institution, procedure laws of another country, or even the establishment of specific procedural rules for the…
…normally arbitrable, Hungary could protect its assets located in Hungary against enforcement based on an arbitral award but could not shield its assets located outside the country. Taking into account…
…in 2006 that provided for arbitration according to the rules of the German Maritime Arbitrators Association (GMAA) with seat in Hamburg. In addition, the parties stipulated that “technical disputes […]…
…of equal treatment and to due process. Further, the Commission suggested that rules of procedure be adopted for TPF, and to address the consequences of non-participation by a third party…
…(1) X1 (2) X2 v. (1) Y, Order of the Dubai Court of First Instance of 5 January 2014) and has – according to unverified anecdotal evidence – now also…
…at all. This is partly due to the fact that many New Zealand arbitrations are ad hoc, and hence not conducted pursuant to institutional rules providing for emergency arbitrator appointment…
…will be settled in accordance with the rules of Conciliation and Arbitration Rules of the International Chamber of Commerce in Singapore.” (the Arbitration Agreement) Rals’ payments to Oltremare under the…
…The place of arbitration was in Germany. The ad-hoc arbitration was not administrated by an institution. Absent any institutional rules that could apply to the proceedings, one has to take…
…to Radhakrishnan, the SC drew contradistinctions between simple allegations and allegations which “demand extensive evidence” and were “complex in nature” – with the latter brought under the ambit of civil…
…international arbitrations. The PCA’s procedural rules are aimed at disputes involving at least one State, State-controlled entity, or intergovernmental organisation and thus reflect the public international law elements that may…
