Annulment: What Are the Rules on the Rules?
…at least doubtful whether the general reference in Article 44 of the ICSID Convention to the Arbitration Rules, as read together with Rules 39 and 53 of the Arbitration Rules,…
Search Results for: prague rules
New Ruling on Arbitration Agreements in Colombian State Contracts
…not affect the cases involving arbitration agreements that are subject to the Colombian arbitration Law 1563 of 2012. It should be noted that this new regime modernizes arbitration rules applicable…
Arbitration, Conciliation, Confidentiality, Dispute Resolution, Investment Arbitration, Uncategorized
A Rethink of Investor-State Dispute Settlement
…a set of rules on the subject entitled “IBA Rules for Investor-State Mediation” (hereinafter the IBA Mediation Rules). There is more to follow from various other sources, national and international,…
The proposal for reviewing the Brussels Regulation and the new Regulation No. 1215/2012 after the West Tankers decision: a new step back for arbitration?
…potentially be issued, each of them being governed by different recognition and enforcement rules: (i) the arbitral award, which shall circulate in accordance with the rules laid down in the…
Appointment of arbitrators, Arbitration, Arbitration Institutions and Rules, Arbitrator Challenges, Arbitrators, Availability of arbitrators, Confidentiality, Expert evidence, Interim Orders, International arbitration, Joinder
The Danish Institute of Arbitration Updates Its Arbitral Rules
The Danish Institute of Arbitration (“DIA”) revised its rules effective May 1, 2013, an overhaul from the prior 2008 iteration of its rules that brings the DIA rules into line…
Arbitration Institutions and Rules, ICSID Convention, Investment, Investment Arbitration, South America
Investment Arbitration and Latin America: Irreconcilable Differences?
…implementation of regional bodies for the solution of investment disputes,” with the caveat that such bodies will have to ensure fair and balanced rules for the settlement of conflict between…
Japan’s Entry into the TPP Negotiations Raises the Economic Stakes
…tariffs and the insistence on strict rules of origin (“yarn forward”) for apparel imports (primarily affecting Vietnam). Should the Obama Administration decide to preserve such protection for stagnant or dying…
Arbitrating Bangladesh Labor Rights (Part II)
…Law on International Commercial Arbitration 1985 (with amendments as adopted in 2006). Note the peculiarities. There is no governing law clause, no arbitration seat, and no arbitration rules. If a…
Arbitral Tribunal, Arbitration Awards, Arbitration Institutions and Rules, Costs in arbitral proceedings, International arbitration, Investment Arbitration, Singapore International Arbitration Centre, Witness
New Rules at the Singapore International Arbitration Centre
…include the CIETAC rules (2012), the ICC rules (2012), the Swiss rules (2012), and the UNCITRAL rules (2010). SIAC’s new rules are significant in part because of the institution’s substantial…
Arbitration and the Power Sector in Brazil
…still governed the Power Wholesale Market (Mercado Atacadista de Energia Elétrica – MAE), provides in Article 4: “§ 5 The rules for resolving any disputes between members of the CCEE…
CIETAC’s Internal Conflicts: A Chronology of Events and Practical Implications
…and Trade Arbitration Commission Shanghai Commission/ Shanghai Sub-Commission/Shanghai Branch. A Chronology of Events The conflict was triggered by the introduction of the CIETAC Arbitration Rules 2012 (the CIETAC Rules 2012),…
Rationalizing applicable law in investor-State disputes in absence of express choice of law under Article 42 (1) of ICSID Convention – Part II
…the pool of rules from which the tribunal may select the particular rules appropriate for application in the concrete factual situation. Which rules would be proper for application is thus…
The Paris Arbitration Rules: A New Generation of Rules?
…the lightness of the Rules than the speed of the process. These Rules present themselves as a short set of rules addressed essentially to experienced international arbitration users, therefore relying…
Recent Trends in State Immunity
…cassation, recently extended the application of particular rules relating to the scope of sovereign immunity in the context of an express waiver given by a State. The case built upon…
Rationalizing applicable law in investor-State disputes in absence of express choice of law under Article 42 (1) of ICSID Convention
…to a significant extent similar to the one in Scenario 2. The primary applicable rules would be those particular rules governing the nexus-based relationship. Since the nexus is a national…
Legislative Proposal to Modernize Dutch Arbitration Law Submitted to Parliament
…be up to the parties to include a confidentiality provision in their arbitration agreement, or to opt for a set of arbitration rules that include such provision. Also the idea…
In Someone Else’s Shoes: Are the Investor’s Rights His Own or Those of the Home State?
…para. 44; Gas Natural SDG, S.A. v. Argentina, ICSID Case No. ARB/03/10, Decision on Jurisdiction, June 17, 2005, para. 34; BG Group Plc. v. Argentina (UNCITRAL Arbitration Rules) Final Award,…
Domestic law, Enforcement, International arbitration, Jurisdiction, kompetenz-kompetenz, New York Convention
New Romanian Arbitration Law: what is really new?
…special provisions regulating institutional arbitration. These provisions state that the parties’ choice of an arbitration institution triggers the automatic application of the rules of arbitration of that institution. Moreover, it…
Arbitration, Asia-Pacific, Commercial Arbitration, Domestic law, Hong Kong, Legislation, National Arbitration Laws, Pro arbitration
Hong Kong tables amendments to arbitration law
…Arbitration Rules, due for release later this year. Although the amendment was initially prompted by the anticipated change to the HKIAC Rules, it will allow Hong Kong courts to enforce…
Applicable Law, Arbitral Tribunal, Arbitration, Arbitration Awards, Investment agreements, Investment Arbitration, Uncategorized
Should Investment Treaty Tribunals Fly in Flocks? Predictability and Consistency in Arbitral Decision Making
…observance of undertakings clauses. We do not have an investment treaty system with a vertical hierarchy. We have a fragmented, horizontal network of treaties, institutions, rules and actors. Further, just…
LIABILITY OF COUNSEL IN INTERNATIONAL ARBITRATION: Any Changes?
…more importantly, who and how should such an ethical code (or any ethical rules – i.e. the ones of the jurisdiction of the counsel acting out or the situs of…
ACHMEA II – Seizing Arbitral Tribunals to Prevent Likely Future Expropriations: Is it an Option?
…in December 2012 [Achmea v Slovakia, PCA Case No 2008-13, Award of 7 December 2012 (not public); Achmea press release, “International arbitration tribunal rules in favour of Achmea”, 7 December…
Arbitration, Arbitration Awards, Arbitrators, Federal Arbitration Act (FAA), Uncategorized, United States
The Different Meanings of an Arbitrator’s “Evident Partiality” Under U.S. Law
…failure to disclose them as required by the ICC rules. Ometto v. ASA Bioenergy Holding A.G., 2013 WL 174259 at *2 (S.D.N.Y. 2013). Relying principally on the Ninth Circuit case…
Finality Confirmed, Constitutionality Upheld: Major Victory for International Arbitration Community in Australia
…a branch of the judiciary. TCL also submitted that Article 28 of the Model Law required the Tribunal to correctly apply the “rules of law as are chosen by the…