…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…
…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…
…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…
…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…
…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,…
…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…
…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….
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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 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 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…
…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.”…
…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…
…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…
…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…
…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…
…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…
