Impecuniosity And Denial Of Justice: Walking On Eggshells
…the ICC Rules. Article 30.4 of the 1998 ICC Rules provides: “When a request for an advance on costs has not been complied with, and after consultation with the Arbitral…
Search Results for: iba rules on the taking of evidence
DIAC and DRA sign MoU to Promote Enforcement of DIAC Awards by the DIFC Courts: A Second Look
…purpose, the Parties will exchange information regarding the applicable procedures, rules, regulations and laws (including the DIFC Courts’ Rules Part 45) relevant to the recognition, ratification and/or enforcement of a…
BIT, China, Customary international law, Expropriation, Fair and Equitable Treatment, Investment, Investment Arbitration, Investor, Laos, Macau, Singapore, Singapore Court of Appeal, Vienna Convention on the Law of Treaties
Sanum v. Laos (Part II): The Singapore Court of Appeal Affirms Tribunal’s Jurisdiction under the PRC-Laos BIT
…be applied to the 2014 NVs. The overall reasoning and result was correct, given the particular facts of the case, including a complete absence of any evidence to show that…
BIT, China, Customary international law, Expropriation, Fair and Equitable Treatment, Investment, Investment Arbitration, Investor, Laos, Macau, Singapore, Taxation, Vienna Convention on the Law of Treaties
Sanum v. Laos (Part I): The Singapore Court of Appeal Affirms Tribunal’s Jurisdiction under the PRC-Laos BIT
…each piece of evidence, looking first at the evidence before the critical date – including the 1987 PRC-Portugal Joint Declaration, a number of official statements in relation to Hong Kong,…
Security for Costs in International Arbitration: What’s Missing from the Discussion?
…the “costs follow the event” is for sure recognized in the practice, but it is not set in stone. The rules on allocation are indeed the rules that precede the…
A Tale Of Two Cities: An Analysis of Divergent Approaches to Negative Jurisdictional Rulings
…of 1 June 2012. Claims under ICSID Rules Jurisdictional approaches to this issue are less relevant where ISDS claims are conducted under the ICSID as opposed to the UNCITRAL Rules….
ISDS In The TPP: Is The Recent Uproar In The US Merited? – Part II
…and its accompanying UNCITRAL Transparency Rules. Chapter Nine of the TPP reflects these modernizations of the ISDS system. It includes provisions for greater transparency of proceedings and documents, and for…
Arbitration, Arbitration Proceedings, Arbitrators, IBA Guidelines on Party Representation, Investment Arbitration, Secretary of the Arbitral Tribunal, The Pledge, Third party funding
The World Is Not Enough
…hacked from the Kazakhstan government’s computer network and introduced as evidence against Kazakhstan. Meanwhile, it may be that Diamonds Are Forever, but diamond mining concessions apparently are not, at least…
The Future of the Resolution of Sports Disputes in Egypt in Light of Local Constitutional Limitations
…is possible that the rules will provide for an appeal system before CAS, to reflect the requirements of the Olympic Charter (Article 61), and the FIFA Rules (Article 66). This…
ISDS In The TPP: Is The Recent Uproar In The US Merited? – Part I
…mechanism” , and proposes other innovations that are intended to improve ISDS. In light of the criticisms of the investment provisions of the TPP, it is worth taking a closer…
Blurred Lines between Third-Party Funders and Law Firms
…traditional third-party funding transaction is often depicted as a triangle with the three corners representing the party, attorney and funder. Now there is new evidence that third-party funders are transitioning…
Let Us Settle the Liability Issue: Can Civil Liability Restore the Legitimacy of Arbitration?
…institutions could, and should, eventually become proactive and reform the scope of their liability from the bottom, by means of the changes to arbitration rules under which civil liability should…
A Duty to Give Reasons, But Only Just
…should be read fairly and as a whole. The Court accepted that the panel’s findings in relation to the key evidence were “undeniably sparse”. Having heard extensive evidence from a…
Redressing the Balance: The Path Ahead for Gender and Generational Diversity on Arbitral Tribunals
…other related dispute resolution conferences, registering with the ICC National Committees of which they are nationals, being active in working groups such as ArbitralWomen, IBA, ICC, UNCITRAL, publishing, speaking, arbitrating…
The Enforceability of DIAC arbitral awards by the DIFC Courts is confirmed: the DRA and DIAC join forces
…the onshore and offshore entities join forces for their mutual benefit. The MoU lists as one of its objectives, the revision of applicable laws, regulations and rules, and development of…
The Tehran Regional Arbitration Centre Rules: Is There a Need for a Revision?
…the opposing party. Such an emphasis on neutrality is provided under some rules (e.g. Article 13, ICC Rules), but is silent in other rules such as the Swiss Rules, which…
Phantom Arbitral Institution: Lessons from Iran
…Third, it states the place of the arbitration, namely, Singapore. Fourth, it provides that the arbitration is to be governed by a particular set of rules, namely, the ICC rules.”…
The Russian Arbitration Reform – a Road to More Certainty?
…relates solely to documents and/or physical evidence, excluding assistance in obtaining witness evidence, expert evidence or on-site investigations. Court decisions allowing or denying the request for assistance in obtaining evidence…
Why Brexit May Be Good for UK Investors Abroad
…or some (Czech Republic) of their intra-EU BITs. These terminations did not affect any of the UK’s intra-EU BITs. Earlier this year, Poland considered taking measures towards terminating its intra-EU…
Emergency Relief: Court or Tribunal? Your Options May Be More Limited Than You Thought
…of the LCIA Rules, has cast doubt on this position. We understand that an application for permission to appeal has been filed. Emergency procedures under the LCIA Rules Article 9A…
Australia, CAFTA, Indonesia, KORUS, TPP, Trade, Trans-Pacific Partnership, Treaty, UNCLOS, United States, VCLT, Vienna Convention on the Law of Treaties, Vietnam
Delayed Ratification, TPP, and the United States
…Report, in 2008 the parties to this agreement amended several textile-related provisions of CAFTA-DR, “including, in particular, changing the rules of origin to require the use of U.S. or regional…
Indonesia: Arbitrability of Tort Claims
…ratified through Presidential Decree No. 34 of 1981. In 1999, the Indonesian government enacted the Arbitration Law. Indonesian arbitration is governed by these two sets of rules. Generally, arbitrability refers…
Developing Expertise to Deal with “Experts” in International Arbitration
…of Party-Appointed Expert Witnesses in International Arbitration) or relevant soft law provisions such as articles 5 and 6 of the IBA Rules on the Taking of Evidence. Whether the parties…
The Essar v. Norscot Case: A Final Argument for the ‘Full-Disclosure-Wingers’ of TPF in International Arbitration
…Rules, or under many other arbitral institution rules and many national arbitration laws (such as the English Arbitration Act) that endorse the principle that “costs follow the event” and that,…