…in the creation the Model Law, the UNCITRAL Rules, the New York Convention, the ICSID Convention, and other instruments which were written during international arbitration’s foundational era of the mid-1950’s…
…interesting aspects of White Industries, and their implications, in a digestible manner. Background White Industries arose from a commercial arbitration under the ICC Rules which resulted in an ITA under…
…procedure for summary dismissal of unmeritorious claims under Rule 41(5) of the ICSID Arbitration Rules. The present post examines shortly this procedure as well as the implications of the above…
…Emirate. There is no separate arbitration law in the UAE and instead rules relating to arbitration are contained with the UAE Civil Procedure Code (UAE Federal Law No 11 of…
…within the FSIA, such as the commercial assets requirement. Mr. Mascarenhas also discussed obtaining provisional measures from arbitral tribunals to secure enforcement. He explained that certain institutional rules provide avenues…
…rules governing arbitral awards. Moreover, filing an arbitral award under seal with a federal court must be done at the outset of a vacatur or enforcement application and usually becomes…
…a number of mandatory rules and principles for the latter category. These mandatory rules, however, are limited to procedural requirements for arbitration agreements pertaining to the State Contracts. (Law No….
…the same rules and strategies apply in international arbitration when this is not always the case. This is not to say that being assertive and firm is not vital in…
…the position under the UNCITRAL Rules which provide at Article 30.2 that “[i]f a party, duly notified under these Rules, fails to appear at a hearing, without showing sufficient cause…
Recent posts suggest that “double hats” – practitioners who also act as arbitrators – have finally taken interest in the role of a tribunal secretary. Several years ago it would…
…and rules stipulated in the Rules of the [DIFC] Courts, including any objections to execution. The execution judge may not reconsider the merits of the judgment, decision or order; (d)…
…to report on their real-live encounters with the following instruments and notions: IBA Rules on the Taking of Evidence, IBA Guidelines on Conflicts of Interest, IBA Guidelines on Party Representation,…
…the institutional rules (notably the rules of the Dubai International Arbitration Centre (DIAC)). Authority to enter into arbitration agreements Egypt Article 11 of the Arbitration Law provides that arbitral agreements…
…and of disputes arising out of treaties, by arbitration, mediation, and other forms of alternative dispute resolution mechanisms (ADR); (b) the preparation and issuance of rules and procedures required for…
…Indian Courts for the purposes of Code of Civil Procedure. Contentions:-: The Carriage by Air Act, 1972 was enacted to give effect to the Convention for Unification of Rules relating…
…the court of first instance and that of the appellate court was not consistent with the procedural rules. Thus, although the main purpose of this article was to warn of…
…arbitration in India [Plea to Change Arbitration Rules, April 28, 2014, Telegraph]. Currently, foreign lawyers cannot participate in Indian proceedings. This change, if effected, would be highly desirable and would…
…be submitted to arbitration with Beijing Arbitration Commission according to its arbitration rules.” Sinovel’s motion was later denied by the Beijing Intermediate People’s Court. Sinovel then filed an appeal of…
…form of dispute resolution besides the available recourse to the state court. Arbitral institutions based in the Netherlands are expected to amend their arbitration rules to bring them in line…
…EC Regulation No. 44/2001, such right prevailing over domestic rules recognising the defendant’s right to be sued in arbitration in accordance with an arbitration clause. More specifically, according to the…
…then commenced arbitration against Meydan under the rules of the Dubai International Arbitration Centre (DIAC) seeking sums it claimed were owed under its contract with Meydan (DIAC Case 201/2010). Meydan…
…(“WIPO Rules”) and WIPO Expedited Arbitration Rules. The revised rules will enter into force on 1 June 2014 and apply to all WIPO arbitrations commenced on or after that date….
…the standard customer agreement used by Charles Schwab & Co., Inc. In overturning the earlier decision, the Board of Governors focused on the FINRA arbitration rules, which explicitly bar class…
…not operate in a vacuum, but are expressly stipulated (at paragraph 1) not to derogate from any “mandatory laws, rules of law, professional rules or codes of conduct if and…
