…of First Instance relates to the enforcement of a trilogy of awards rendered under the Arbitration Rules of the International Chamber of Commerce (ICC) International Court of Arbitration in Paris…
…(Philip Morris Asia Limited v. The Commonwealth of Australia, PCA Case No. 2012-12 (UNCITRAL Rules 2010), Procedural Order No. 4 Regarding the Procedure until a Decision on Bifurcation of 26…
…of the Regulation rules, including with respect to enforcement matters. Such a treatment should not be a surprise since the German case may easily be regarded as a claim against…
…like Italy, the prevailing model seems to be every city equipped with its own rules and panel of arbitrators and mediators. This approach promotes local commerce by promoting prominent local…
…new set of rules (the “2012 ICC Rules”). The 2012 ICC Rules include Rules 1(2) and 6(2) which state: The [International] Court [of Arbitration] is made the only body authorised…
…in Germany. The German court rules that the arbitration clause is in fact void, as X submits, and the claim can be duly submitted to the German courts, which have…
…courts of OHADA Member States, but also dispute resolution proceedings under OHADA’s own rules of arbitration. Arbitration under the CCJA is available for contractual disputes where any contractual party is…
…9 commitment decisions within the meaning of EU Regulation 1/2003 (see Council Regulation 1/2003 on the implementation of the rules on competition laid down in Arts 81 and 82 [now…
…interested parties to avail themselves of liberal discovery under the Federal Rules of Civil Procedure, resulting in the indirect incorporation of American-style discovery into foreign or international proceedings. If this…
…rules (analogous to those in Collins, Dicey & Morris on the Conflict of Laws), comments (that explain the rules) and the all-important “Reporters Notes” (that provide detailed expositions of existing…
…International: 2009) at p. 90) Which actions may be taken proprio motu? According to Rule 41(2) of the ICSID Rules of Procedure for Arbitration Proceedings (“Arbitration Rules”) “The Tribunal may…
…agreements – including those arbitrated under the UNCITRAL or ad-hoc rules. However, the DG Trade encountered push-back from member-states, with several advocating for references to one or more national arbitration…
…Application of Civil and Commercial Laws (see DIFC Law No. 3 of 2004) and DIFC Rules 2.10, which permits reliance by the DIFC Courts on the English Civil Procedure Rules,…
…international law rules, provided that all disputing parties (or their home states) fall within the UN Security Council territorial ambit of regulation. In the case at hand it is hard…
…the Arbitration Rules. In contrast, a modification of existing rules can only be effected subject to the parties’ agreement, in accordance with minimum standards of fair procedure and to the…
…to Article 40 of the ICC Rules, which specifies in part that “the arbitral tribunal shall act in the spirit of the Rules and shall make every effort to make…
…and skills of local workers. Clearly, the Government seeks to attract investments requiring substantial funds. Stricter rules, yet to be adopted, may apply to investments in so-called ‘restricted sectors’. These…
…and shorter. New editions of institutional arbitral rules were introduced by the SIAC in 2010, the ICC in 2012, and the HKIAC’s revised Administered Arbitration Rules (Draft HKIAC Rules) are…
…21). Yet while Mitsubishi emphasized that the very nature of arbitration implied foregoing procedural rules and options available in state court, the substance/procedure distinction is necessarily not unambiguous. It is…
…and civil society reform proposals, doubling down to try to expand both the substantive investor rules and the scope of ISDR. This does not bode well, neither for the TPP,…
…funder and its client as in many respects confidentiality rules apply for various reasons (including the sensitive nature of information, or matters involved may be concerned with the economics of…
…New York Rules are based on the American Bar Association’s Model Rules of Professional Conduct, which form the basis of the conduct rules in many other US jurisdictions. Given that…
…an explicit twist in this regard. Each country’s implementing legislation deems an award to be in conflict with public policy where a breach of the rules of natural justice has…
…95(b); Amto v. Ukraine, Arbitration no. 080/2005 SCC Rules, Final Award of March 26, 2008, para. 110; EDF (Services) Limited v. Romania, ICSID Case no. ARB/05/13, Award of October 8,…
