…afforded to him/her by mandatory rules of law which would have been applicable in case of lack of choice of law (art. 1194 § 3). Intertemporal rules According to art….
…the Act and Rule 31(1) of the applicable 1998 ICC Rules and found that (as a matter of construction) the arbitrator was correct “as a matter of language, context and…
…appointment of an expert to investigate and report back on the condition of The Gate under Art. 68 of the UAE Law of Evidence read together with Art. 28 of…
…portfolio of services. The revised ICC Mediation Rules entered into force in January 2014; and the new Mediation Rules of the Vienna International Arbitration Center (‘VIAC’) in January 2016. –…
There has been a lot of attention paid to the various innovations in the new SIAC Rules 2016 such as the possibility of an early dismissal of claims under the…
…which goes even further than the LCIA Rules are the Arbitration Rules of the Court of Arbitration at the Polish Chamber of Commerce (PCC Rules), which came into force on…
…awareness of the issue has been addressed in the public domain, by international community, and civil society. This publicity has resulted in States taking concrete actions at domestic level; the…
…Mediation Rules (2012), the ICC Mediation Rules (2014), the ICSID Rules of Procedure for Conciliation Proceedings (2006), the PCA Optional Conciliation Rules (1996), the Stockholm Chamber of Commerce Mediation Rules…
Can an international arbitral tribunal admit emails and documents as evidence if these documents were obtained by hacking a computer network? The ICSID tribunal in Caratube International Oil Company and…
…issue of gender diversity was at the forefront of the agenda, and taking the Pledge for Equal Representation in Arbitration (www.arbitrationpledge.com). The YAF coincided with a move by the same…
…Judgments Convention seeks to establish uniform legal rules on the recognition and enforcement of judgments which will provide international litigants with certainty in cross-border transactions. The draft text of the…
…US courts to disregard an annulment judgment if that judgment violates the US most basic notions of morality and justice. Baker Marine: Taking a Step Back but Leaving Discretion on…
…it was done in the violation of internal banking rules, and it was also not mentioned in accounting documents. Moreover, the AID believed that this transaction violated the rights of…
…Convention, the international court of justice and in support of arbitration, the rules of the Permanent Court of Arbitration for the Settlement of Disputes relating to Outer Space 2012 remain…
…institutional arbitration “was not binary” and that ad hoc rules like the UNCITRAL Rules “could be successfully administered by institutions”. The Notes also highlight a number of advantages associated with…
…judicial fact-finding, in relation to both expert evidence and documentary evidence. Expert evidence After seeking the views of the parties in December 2014, and following the conclusion of the hearing…
…of the presumption of innocence. On the other hand, the IOC affirmed the application of the rules of natural justice so that each affected athlete could rebut the applicability of…
…if the dispute concerns an economic operation taking place in different countries and involving the transfer of goods, services, funds, technologies or people across borders. Neither the nationality of the…
…(legally trained) professionals in the field, relatively little attention has so far been paid to the issue of arbitrators’ liability. Most institutional arbitration rules provide for a limitation of the…
…the Convention through Article VII – the so-called more-favourable-right provision – the Court allowed the party seeking recognition and enforcement to rely on the rules that are more favorable to…
…Rules. The parties have agreed on Moscow as a place of arbitration and the ICC as the appointment authority. When a dispute regarding the termination of the concession agreement arose,…
…of the Saudi Center for Commercial Arbitration (SCCA) in 2014. Recently, the SCCA launched a website , which provides information about its rules, processes, and fees. This is a promising…
…definitions often related to a physical “taking” by the State of an Investor’s assets, positing still the notion of an illegality which required the payment of compensation. In multilateral agreements,…
…and opinion juris. As indicated in several earlier cases and more recently reiterated in Philip Morris v. Uruguay, states’ adoption of particular rules in international treaties can constitute “evidence” of…
