…enhance SIAC’s standing as a preferred forum for investment disputes, the SIAC Rules 2013, which were introduced in April 2013, specifically provide that a party may commence an arbitration in…
…question. The Need for Democratic Endorsement of Investment Rules Whether Canada and the EU can live with the CETA investment chapter both in respect of their defensive and offensive interests…
…development as the CIArb in producing its rules; demonstrated the growing usage and need for tailoring the rules according to demand. The most significant aspect of the recent rules is…
…Convention and Additional Facility (AF) Rules. Of these: 54% (some 260 cases) involved a claimant that was from an EU Member State; and 12% (55 cases) involved a respondent State…
…evidence that an arbitration agreement under the 1996 Act encompassed more than just the formal submission of the dispute to an arbitral tribunal. Furthermore, several procedural rules in Schedule 1…
…rules may be used with the DIFC as a seat).). The DIFC Arbitration Law No. 1 of 2008 is based upon the UNCITRAL Model Arbitration law which makes it more…
…“arbitral” rules. The decision thus indicates that tribunals operating under certain rules are more likely than others to meet the definition of “arbitral tribunals” for the purposes of the Act….
…1 January 2015. These replace CIETAC’s 2012 Rules (the 2012 Rules). The 2015 Rules introduce procedural innovations adopted in past years by bodies such as the Hong Kong International Arbitration…
…Plate and Atlético Excursionistas, two clubs from Buenos Aires where Sergio Sagarzazu had played as a youth, claimed EUR 160,000 in total in training compensation under FIFA’s rules. When SV…
…rules on applicable law in investment proceedings, and then the application of substantive law in practice. Key evidentiary issues that arise in the investment arbitration context are addressed and explained…
…chapters in TTIP, the TPP and CETA, as well as the UNCITRAL Transparency Rules 2013 – already go a long way to addressing such issues. The balance of rights in…
…arbitrators have extensive experience with tripartite arbitration, streamlined or fast-track processes, ad hoc arbitration, and arbitration under non-administered rules, and some have arbitrated under final-offer, appellate, and emergency procedures. Some…
…discretion with the overall objective of establishing fairness between the parties. To this end, the national court’s rules of procedure on evidence and the parties’ failure to comply with the…
…same work. The reality is the benefit of consistency and predictability across the system, for both substantive rules and the interpretive framework that defines those rules. A unique approach to…
…of arbitral rules (commonly the UNCITRAL Rules) but administered by another institution. For parties choosing the latter option, the UNCITRAL Arbitration Rules are a popular choice. These provisions, first brought…
…Al Mulla will face a number of challenges that require immediate attention: Apart from the long-overdue revision of the DIAC Rules, Dr. Al Mulla will have to appoint a new…
…on the basis of the usual instruments of treaty interpretation and rules of conflicts. The same tension was also central to the third panel which looked at the extra-EU issues….
…its internal rules (“Internal Rules”) to modify, among others, the provisions on recognition of awards. Resolution 9/2005 was revoked and its articles were transferred, with some modifications, to the Internal…
…public disputes. Initiatives like the recent UNCITRAL Rules on Transparency in Treaty-based Investment Arbitration and the brand new UN Convention on Transparency in Treaty-based Investment Arbitration are making great strides…
…the decision C-519/04 Meca-Medina of the European Court of Justice (ECJ) has established that sporting rules, including anti-doping rules, are not per se shielded from competition law. However, an assessment…
…local rules precluding public access to court files. Also, in some places (such as New Zealand), the parties must give explicit consent before an award may be released. At the…
The split between CIETAC headquarters in Beijing and its two former Shanghai and Shenzhen sub-commissions following the adoption of CIETAC’s 2012 Arbitration Rules has remained in the spotlight. The feud…
…is envisaged, for example, by the model arbitration clauses for trusts and foundations under the 2012 Rules of Arbitration of Liechtenstein (available at ). Where institutional rules provide for a…
…Arbitration Amendment) Rules 2014. These Arbitration Rules came into operation on 1 December 2014. The Arbitration Rules set out the procedure for both domestic and international arbitration (although the focus…
