Women in Arbitration in Brazil
…five most important Brazilian arbitration chambers, in comparison to 2005, when these chambers only administered 21 proceedings. In addition, the number of proceedings conducted under the ICC Rules involving at…
Search Results for: prague rules
Australia, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor
The “Anti-ISDS Bill” before the Australian Senate
…of Australia. Transparency of proceedings can also be enhanced, as under KAFTA which adopts detailed provisions as well as a side agreement on the new UNCITRAL Transparency Rules. The risks…
The Singapore Approach to Allegations of Awards Infra Petita – BLC and Ors v. BLB and Anor [2014] SGCA 40
…breached the rules of natural justice contrary to s 24(b) of the International Arbitration Act (Cap 143A, 2002 Rev Ed) (“the IAA”). The High Court accepted this argument. It found…
Exhaustion of Local Remedies, International Law, Investment, Investment Arbitration, Investment protection, Investor, NAFTA
The Futility Exception to The Exhaustion Requirement: Apotex v. United States
…provides that “a tribunal established under this section shall decide the issues in dispute in accordance with this agreement and applicable rules of international law.” Under these sources of law,…
Law Commission’s Report to Revamp the Indian Arbitration Experience
…realistic criterion. The Commission hopes that judges and the arbitrators would explain the “rules of the game” to the parties well in advance so as to avoid frivolous litigation and…
The Birth of a New UAE Federal Arbitration Law: A Long and Difficult Labour
…the rules enacted in Chapter 4 are without prejudice to the provisions of treaties between the UAE and other countries. The Convention is not expressly identified in CPC Article 238…
Young ICCA Workshop at the Occasion of the ICCA Congress, Miami, 10th of April 2014: “The Art of Persuasion”
…just to rules, but also to justice and common sense; (6) Posture and tone; and (7) Powerful close.” It is not the speed of an answer, but the quality and…
Revisions to the HKIAC’s Model Clauses address uncertainty regarding the law governing arbitration clauses
…this concern. The recently revised arbitration rules of the LCIA – which will go into effect on 1 October 2014 – provide that the law of the arbitration clause will…
The Summer Arbitration Quiz!
…who comes closest) wins a dinner in Florence (travel and hotel costs excluded) and, if they wish, their name published here. Rules, Rules, and Guidelines 1. Which one of the…
Compensation for a Dismissed Arbitrator?
…use of the service rendered by the arbitrator (e.g. repetition of the proceedings). Comment Under Austrian law the terms of reference are covered by specific procedural rules in the Austrian…
An Insider’s Perspective on Reliance v Union of India: What the Supreme Court of India Got Right and What it Got Wrong
…the arbitral tribunal and the arbitration proceedings had to be conducted as per the UNCITRAL rules. At this stage I would like to explain the test of the implied exclusion…
Failing to pay the advance on costs and the risk of inoperability of the arbitration clause – Remedy?
…to the ICC Rules of Arbitration) and Buhler and Webster (Handbook of ICC Arbitration). The contractual approach holds that since the arbitration agreement refers to in casu the ICC-Rules, these…
When Does an Arbitration Agreement Have a Binding Effect on Non-Signatories? The Group of Companies Doctrine vs. Conflict of Laws Rules and Public Policy
…conflict of laws rules can be applied according to which a contract is formally valid if it either satisfies the formal requirements of the applicable substantive law or the law…
Enforcement of Worldwide Freezing Orders in Ukraine
…in the absence of such treaty on the basis of the principle of reciprocity which existence is presumed by the domestic rules of civil procedure (the Code of Civil Procedure…
In-House Counsel Take Note: ICC’s John Beechey Won’t Be Sitting You at the Children’s Table
…the changes made in the 2012 revision to the ICC Rules in order to respond to user comments and to complaints about time and cost in arbitration in particular, was…
ICSID Arbitration, ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, Latin America
Notes on the Persistent Latin American Countries’ Attitude Towards Investment Arbitration and ICSID
…See ICSID, ICSID Caseload – Statistics, Issue 2013-2, 7 (2013), (reporting that, as of June 30, 2013, ICSID had registered 433 cases under the ICSID Convention and Additional Facility Rules)….
British Columbia Signals To The International Community That It Is An Enforcement-Friendly Jurisdiction
…Limited (“PSM”), a Pakistani state owned steel manufacturer, in an arbitration conducted under the arbitration rules of the ICC. Following the award, PSM did not pay SFI. SFI was unable…
Effective Management of Arbitration; A Guide for In-House Counsel and Other Party Representatives
…Beechey (President of the ICC International Court of Arbitration) launched the conference, noting that the ICC Rules of Arbitration (“ICC Rules”) require parties and arbitrators to conduct cases in a…
Arbitration, Arbitration Awards, Arbitration Proceedings, DIFC, Domestic Courts, Enforcement, International arbitration
The DIFC and arbitration: Raising the stakes?
…DIFC also maintains an arbitration centre, the DIFC-LCIA, a sister organization of the London Court of International Arbitration, which administers arbitration proceedings under the DIFC-LCIA Rules of Arbitration. The draft…
Anti-arbitration, Arbitration, Arbitration Agreements, Expedited arbitration, International arbitration, Uncategorized
Why Can’t Arbitration Go Faster? The ICDR Brings Expedited to International
…Arbitration Rules, which debuted this summer. The jurisdictional limit is USD 250,000, ie, much higher than the AAA’s Commercial Rules, but still low for international arbitration. Of course, the parties…
Does Supreme People’s Court’s Decision Open the Door for Foreign Arbitration Institutions to Explore the Chinese Market?
…shall be submitted to arbitration by the International Chamber of Commerce (‘ICC’) Court of Arbitration according to its arbitration rules, by one or more arbitrators. The place of jurisdiction shall…
UNCITRAL to Consider Proposal for Convention on Enforcement of Mediated Settlements
…transactions, the parties’ contract stipulated arbitration under the rules of a leading arbitration institution. Not surprisingly, the rules did not contemplate that the parties might want to draft their own…
Towards A Revised Threshold for Arbitrators’ Challenges Under ICSID?
…Arbitration Rules. On June 12, 2013, Claimant submitted a proposal to disqualify Dr. Torres Bernárdez pursuant also to Art. 57, ICSID Convention and Rule 9, ICSID Arbitration Rules. Claimant indicated…
Shanghai Free Trade Zone implements modern arbitration rules
…the key differences between the FTZ Rules and CIETAC’s existing Arbitration Rules which have been effective since 1 May 2012 (the “CIETAC Rules”). Interim measures Both the CIETAC Rules and…