Anti-arbitration: and the survey says….
…general consensus reported by the survey. Most of those responding said they believe that tribunals should award costs to the prevailing party (80%); that the IBA Rules on the Taking…
Search Results for: prague rules
Arbitration, Arbitration Agreements, Arbitration clause, Brazil, Domestic law, English Law, International arbitration, Law governing the arbitration agreement, Seat of the arbitration, UNCITRAL Model Law
Further Thoughts on Sulamerica: What About Transnational Rules?
…resolution process, subjecting the arbitration agreement to transnational rules—i.e. rules that are very widely, if not unanimously, followed in states that support the international trading system—seems to be a more…
Is Sports Arbitration “Infirm” and “Kafkaesque”? Lance Armstrong Puts Arbitration on Trial
…to be constituted under the Supplementary Procedures for the Arbitration of Olympic Sport Doping Disputes (the Supplementary Procedures), a modified version of the rules of the American Arbitration Association. Three…
Arbitration Institutions and Rules, Commercial Arbitration, ICC Arbitration, International arbitration, Investment Arbitration
The ICC New York Conference: Releasing a New Report
…notably of concern to states when they are parties to arbitration and either (a) explains new provisions in the ICC Arbitration Rules 2012 which now addresses these concerns, or (b)…
Confidentiality, Confidentiality and Transparency, Costs in arbitral proceedings, ICC Arbitration, ICSID Convention, Investment Arbitration, NAFTA, Not-for-profit organizations (NGO), Transparency in investment arbitrations, UNCITRAL Model Law
The Prospects for Amicus Submissions, Outside the ICSID Rules
…BITs allow some possibility of using the ICC Rules, either by expressly providing that option or by allowing the parties to agree on an institution and rules beyond those specified…
Can Governments require foreign investors to invest a specific amount in research and development on an annual basis? A first look at Mobil Investments Canada Inc. and Murphy Oil Corporation v. Government of Canada
…CBC News. The NAFTA proceedings were administered under ICSID’s Additional Facility rules NAFTA, with a Tribunal composed of Prof. Hans van Houtte (President), Prof. Merit Janow and Prof. Philippe Sands….
Arbitration, Arbitration Awards, Arbitration Proceedings, Commercial Arbitration, Domestic Courts, Russia
The Supreme Arbitrazh Court of the Russian Federation rules on the validity of dispute resolution clauses with a unilateral option
and Julia Popelysheva, Clifford Chance LLP Introduction On 19 June 2012 the Presidium of the Supreme Arbitrazh Court of the Russian Federation (“SAC RF“) issued a decree (“Decree“) in case…
Why numbers matter
…provision to the one adopted in Article 5(4) of the LCIA Rules would maintain the presumption that a sole arbitrator be appointed in the absence of an agreement on the…
Arbitration, Domestic Courts, Enforcement, Middle East, New York Convention, Public Policy, Review on the merits
Enforcement of New York Convention Awards in the UAE (Part II): THE DIFC as “host” jurisdiction?
…DIFC in accordance with the procedure and rules adopted by such entities in this regard, as well as with any agreements or memoranda of understanding between the Courts and these…
Performance-Enhanced Arbitration? The CAS Ad Hoc Division
…for Sport adopted the current version of the CAS Arbitration Rules for the Olympic Games on 14 October 2003 (the ‘AHD Rules’). The AHD Rules provide that the seat of…
Sports arbitration: does CAS have jurisdiction to hear an appeal filed after the time limit? The question remains open
…(“WADA Code”). As a reminder, the following rules of the WADA Code are worth pointing out: The anti-doping organization shall have the burden of establishing that an anti-doping rule violation…
Pecunia Non Olet: Why Do We ‘Smell a Rat’ in ICSID Financial Regulation 14(3)(e)?
…Stay of Enforcement of the Award, 7 October 2008, ¶ 39) The procedure is regulated by Article 52(5) of the Convention and Article 54 of the Arbitration Rules. Stay has…
Anti-suit injunction, Arbitration Agreements, Brazil, Enforcement of an arbitration clause, English Law
The Brazilian dispute with the ‘close’ connection to England & Wales
…amount to be paid under this Policy through mediation as above [condition 11], such dispute shall then be referred to arbitration under ARIAS Arbitration Rules. … The seat of the…
Arbitration, Arbitration clause, Arbitration Proceedings, Canada, Consumer contracts, Domestic Courts, Enforcement of an arbitration clause, Pro arbitration
Canadian Courts One Year After Seidel: Pro-Arbitration and Still Holding
…irrelevant for our purposes, Seidel typically being cited for the proposition that consumer legislation should be interpreted generously in favour of consumers or for the general rules governing class actions….
Enforcement of New York Convention Awards in the UAE (Part I): Quo vadis?
…the other one on costs, issued by a Sole Arbitrator in London under the Rules of the London Maritime Arbitration Association (LMAA) following an application for enforcement by the award…
EU Proposal: who will investors face off against in future investment treaty claims?
…be interesting to see how the question of confidentiality of the arbitral proceedings will be handled where the relevant arbitration law/rules prescribe such. The proposed Regulation sets wide-ranging reporting/consultation requirements…
State-to-State Arbitration at the Permanent Court of Arbitration
…to achieve a fair and just result by taking into account all relevant circumstances.” Article 6(2) provides that the PCA’s Optional Rules for Arbitrating Disputes between Two States are to…
The ICC will host its Seventh Annual Conference in September – to consider State-Related Arbitration Topics
…looking at investor-state arbitration, specifically under the rules of the ICC. The ICC has been working hard to build up its profile in the international arbitration niche, investor-state arbitration. Unfortunately,…
Appointment of arbitrators, Arbitration, Arbitration Proceedings, Arbitrators, arbitrators’ conduct, Availability of arbitrators
The Authority of a Truncated Arbitral Tribunal – Straight Path or Puzzle?
…arbitration rules such as UNCITRAL (2010), ICC (2012), Swiss Rules on International Arbitration (2012), CIETAC (2012) specifically point out the milestone that such a truncated situation will only be considered…
Anti-arbitration, Costs in arbitral proceedings, Dispute resolution clause, International arbitration, Pro arbitration
Anti-arbitration: problems and complaints answered here
…proposed options are not acceptable. Arbitration is only admissible under ABCD rules, in [city of customer]. Please confirm by COB today you will withdraw your exception to the arbitration clause…
Plain Packaging and Expropriation
…Final Award on Jurisdiction and Merits, Ad hoc – NAFTA/UNCITRAL Arbitration Rules, para. 7 Australia and Uruguay might therefore argue that, even if there had been a substantial deprivation of…
Arbitration Act, Arbitration Awards, Arbitration Institutions and Rules, Brazil, Domestic Courts, Latin America, New York Convention, Pro arbitration, Review on the merits
The ‘Kanematsu Case’ in Light of the Brazilian Superior Court of Justice’s Precedents
…and enforcement of an arbitral award issued in August, 2000 under the Arbitration Rules of the International Centre for Dispute Resolution/American Arbitration Association (“ICDR/AAA”). Under such arbitral award, the arbitrators…
Public Policy in the UAE as a Ground for Refusing Recognition and Enforcement of Awards
…rules concerning governance, freedom of commerce, trading in wealth, rules of personal property and provisions and foundations on which the society is based in a way that do not violate…
Two recent Belgian cases on the review of motivation of arbitral awards at the annulment and enforcement stages
On 13 January 2011, the Belgian Supreme Court (Cour de cassation/Hof van cassatie) ruled that an arbitral award could be set aside by a Belgian judge on the basis of…