…and Nasdaq sign technology deal for new AIFC Exchange“, International Finance Magazine, 7 June 2017 and the Shanghai Stock Exchange will be taking a 25% stake in AIX.4)“Shanghai Stock Exchange…
…award is an enforceable document which can be enforced in accordance with the rules provided in the Civil Procedure Code. In practice this meant that in cases where the losing…
…Trump campaigned. With regard to investor state dispute settlement (“ISDS”), the Summary is brief, providing in full: – Establish rules that reduce or eliminate barriers to U.S. investment in all…
…IBA Rules on the Taking of Evidence in International Arbitration (the “IBA Rules”) do expressly mention such power in Article 9.5, which provides as follows: “[i]f a Party fails without…
…bear all the hallmarks of a voluntary ADR proceeding.” The court explained that the agreed-to rules at issue: (i) refer to the Board’s hearings as “adjudications;” (ii) provide that the…
…the Eiser award was issued, as noted above) and for this reason, the Eiser Tribunal rejected Spain’s attempt to introduce it into evidence. None of the Charanne, Isolux or Eiser…
…by a curious and defensive press release published by the Spanish Ministry downplaying the finding and relevance of Eiser and by the heated and partisan debate taking place in the…
…view to addressing the special needs of long-term contracts, UNIDROIT set up a working group aimed at drafting amendments and additions to the black-letter rules and comments of the UNIDROIT…
…or out-of-state attorneys providing legal services under this provision would be deemed to have agreed to be subject to the California Rules of Professional Conduct, the laws of California that…
…necessary proof which stands on higher pedestal than evidence” than the burden on the party seeking enforcement of a foreign award, who is only expected to produce necessary evidence. (See…
…dispute to conciliation by the order of architects before taking it to court. Notably, the court also held that this failure could not be remedied by the claimant submitting the…
…Rules 2011 was against the parties’ arbitration agreement and the arbitral rules that should properly apply to the proceedings, i.e., the KCAB International Arbitration Rules 2011. The Respondent’s Answer requested…
…panel should be enforced in accordance with the rules of judicial enforcement (ie the same way as regular court orders), the 2017 Act makes up for the legislative deficiencies of…
…international law, economics and climate science. David Rivkin is a chair of Debevoise & Plimpton’s International Dispute Resolution Group and the past president of the International Bar Association (IBA). Per…
…third party funding in England has been prompted by the relaxation of the rules of champerty and maintenance. Equivalent rules forbidding unconnected third-party interests in claims in other states (such…
…which will be heard, taking into account also arbitrations which might not otherwise have moved forward without third party funding. The LegCo report specifies that the bill will not apply…
…rules of law. While only a few sets of arbitration rules (such as the ICC, the ICSID, the ICDR and the SCC Rules) deal with the parties’ need to obtain…
…Annual Arbitration and Investment Summit in Nassau in January 2017, or the Cuban International Arbitration Moot taking place annually in Havana since 2013, are also worth noting. Further, the modernization…
…uncomfortable with the States having the power to decide which disputes are worth taking to arbitration and interfering in the conduct of the case. However, the ACFIs have the advantage…
…opinion reiterated that the Federal Arbitration Act (the “FAA” or “Act”) preempts state rules that treat arbitration agreements differently than other contracts. While a court has yet to consider whether…
…2013 IBA Guidelines, and the Guidelines for Party Representatives annexed to the 2014 LCIA Arbitration Rules. Less addressed are questions of who should regulate professional ethics in international proceedings and…
…their fees docked for delay in delivering the award. Yet in a 2016 Rules update, the ICC did just that. While not exactly a “money-back” guarantee, the ICC fee reduction…
…good faith, “bonos mores”, prohibition of abuse of rights, proportionality, prohibition of expropriation and discriminatory measures, prohibition of penalties in civil matters, and basic principles and rules of competition, both…
…agreement to arbitrate under rules which default procedure is that each party is entitled to nominate an arbitrator (for example, the ICC Rules or the SIAC Rules) and no express…
