Following the long-awaited release – on 1 July 2016 – of SIAC’s new arbitration rules (“SIAC Rules 2016”), practitioners in and outside of Asia have enthusiastically supplied a flurry of…
…leave the Hague Convention in its stead – see further below), leaving such questions to be decided by domestic rules and procedures. In short, while UK courts could hypothetically issue…
…not often arise in practice, it is of principal importance with respect to clarity and efficiency. Internationally, there are many rules that provide for the default application of the law…
…private international and procedural law, all EU instruments on common rules for jurisdiction, parallel proceedings and cross-border enforcement will cease to exist after the transitional period, not only in areas…
…assets; they would no longer have to rely on third states’ national rules, however unusual or investor-friendly such rules may be. Finally, as noted above, the forum-shopping created by the…
…and effective. Likewise, some voiced criticism over certain institutional dispute board rules which are very detailed and which resemble arbitration rules. I myself would emphasize that the tendency is that…
…to make public statements about “taking back big mines” (¶ 304), which were followed by the nationalization of Las Cristinas together with the rescission of Crystallex’s mine operation contract. These…
…and if it has not been specified, the tribunal will apply the law of the respondent, including the rules on conflict of laws and such rules of international law as…
…produced any evidence before the trial court that it lacked capacity to sign the contract in accordance with the law of the country where the arbitral award was issued. As…
…Judicial decisions and arbitral awards are not formal sources of international law. They cannot be considered as evidence of state practice for the formation of customary rules. Yet, while international…
…The SCC Rules are the third most frequently used set of arbitration rules in investment disputes—after the ICSID and UNCITRAL rules. Recognizing that such disputes raise different issues and involve…
…year juridical battle against a two year suspension imposed on her for a disputed doping rules violation has put her into the spotlight even more than her sporting achievements. A…
…companies under the GAFTA Rules, which provide for a two-tier procedure. Party B, which had won the arbitration before the second-tier GAFTA appeal panel, sought to enforce the award against…
…providing for the possibility of arbitral tribunals rendering partial awards on key issues, institutional arbitration rules are rather silent when it comes to the issue of arbitral decisions on preliminary…
…Taking all the circumstances into consideration, the Court concluded that the factors outlined above constituted “other circumstances that may be considered as foreign-related civil relations” under article 1(e) of the…
…full integration of the common law legal system of the ADGM into the UAE civil law system, which would surely be a world first! Taking a closer look at the…
…notify or present evidence despite the existence of facts that should be proved; (iv) extra– or ultra petita inconsistencies; and (v) illegal appointment and formation of the arbitration tribunal. Since…
…dispute is arbitrated, it may be under the ICSID Convention and the ICSID Arbitration Rules, ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, the Regional Centre for Arbitration at Kuala…
According to a recent announcement (see the official DIAC website at https://www.dubaichamber.com/en/news/dubai-international-arbitration-centre-opens-an-office-in-difc), the Dubai International Arbitration Centre, widely known by its acronym as the “DIAC”, is set to open a…
…amendments to a party’s written submissions; Agreeing to the belated introduction of a party’s new defences/claims, or of fresh evidence; or Acceding to last minute requests to reschedule oral hearings…
…Statute). The EMAC has been given competence to oversee disputes both under the EMAC arbitration rules (once adopted) or any other rules chosen by the parties, seeks co-operation with other…
…customary rules of nationality in the BIT context, Childress further suggested that when a BIT is silent on the question of dual nationality, international customary rules of diplomatic protection may…
…that taking a pledge was the way forward. By signing a pledge and encouraging practitioners in dispute resolution to do the same, they would feel more committed to redressing the…
…means of dragging out litigation. Moreover, some mediators are expressing growing concern about lawyers taking control of the mediation process, limiting joint sessions and insisting that all communications go directly…
