…some evidence that the concept may be sought to be applied more broadly in other jurisdictions, including in the international marketplace through alternative dispute resolution mechanisms such as mediation, expert…
…for Sustainability The IBA Report notes a proliferation of ESG-specific requirements in commercial contracts (refer to IBA Report § IV). These clauses, frequently incorporated as due diligence requirements or compliance…
…hold a university degree in the Shariah or the Islamic legal sciences (fiqh), must ensure the application of the law and the procedural rules do not contravene the principles of…
…go beyond the walls of government buildings, potentially affecting millions. With a mind to this, in accordance with its Rules, a special session of the ICC court is constituted to…
The Saudi Center for Commercial Arbitration (“SCCA”) has recently revamped its rules, aiming to solidify its position as a global leader in arbitration. The latest amendments, which have been elaborated…
…procedure for enforcing foreign judgments. ↑2 See Gordon Blanke, Blanke on UAE Arbitration Legislation and Rules (2021) p.268 ↑3 See Gordon Blanke, Blanke on UAE Arbitration Legislation and Rules (2021)…
…unresolved issue of implementation and enforcement of the Codes. She pointed out that challenges or disqualification of arbitrators would remain subject to applicable rules or the instrument of consent, given…
…no specific venue or applicable arbitration rules are referenced. This could reflect recognition that Member States may need flexibility when negotiating ISDS under BITs with third countries which may oppose…
…did not elaborate on the role of arbitral institutions in handling these jurisdictional objections when administering India-seated arbitrations. To put this risk in context, under the SIAC Rules 2016, any…
…day. Impartiality and Independence of Experts Various rules on the use of party-appointed experts in arbitration, e.g., the IBA Rules (2020) and the CIArb Protocol (2007), make clear that…
…and the Saudi Center for Commercial Arbitration Rules 2023 (“SCCA Rules”). Clarifying the Application of the arbitrateAD Rules The arbitrateAD Rules apply to any arbitration commenced on or after…
…pressures driving the fields of ISDS and PIL in opposite directions: The use of evidence in written pleadings: ISDS cases today include more evidence and complexity, with pleadings expanding to…
…“the Petitioners’ input might assist it in better understanding certain factual aspects of the present dispute” (paragraph 54). Regarding access to documents, the Tribunal noted that the rules are silent…
…instance, while the old law contained provisions on interim measures, appointment of arbitrators, and evidence collection, they were not applicable in practice because they were not procedurally regulated by the…
…of access to justice pursuant to Art. 2(1) in conjunction with Art. 20(3) of the German federal constitution (see previous blog post here). As the relevant CAS arbitration rules did…
…evidence. The Dubai courts would only look into allegations if concrete evidence is provided. While parties retain the right to initiate challenges, the burden of proof rests heavily on them,…
…with The Hon Wayne Martin AC KC and outline of the draft 7th Edition of the SIAC Arbitration Rules. My address will begin by charting how international arbitration…
…the evidence, and potential legal issues, as well as getting relevant experts involved at the outset can indeed help parties in considering potential mediation and settlement options before arbitration, which…
…including the obligation to protect investor’s legitimate expectations, ensure transparency, provide a stable, and predictable legal environment, and refrain from acting arbitrarily and taking discriminatory measure. See e.g., PSEG v…
…new regional arbitration centres, the relaunching of other centres and a proliferation of new rules and best practice, alongside the growth in the legal sector. Any observer of the region…
…rules,” including provisions that allow the ISU to impose “sanctions” on athletes for participating in competitions not authorized by the ISU. According to the ISU rules, the ISU’s decisions may…
…ICSID Rules” which is to “preside at its deliberations” (paras. 126). Because there was no evidence that the arbitrators were regularly sitting together, the Court held that “tasks could not…
…would the evidence, if presented at the hearing, probably have changed the result (e.g. is it relevant and material to the issues in dispute); (ii) did the evidence exist, and…
…its doors at the Dubai International Financial Centre (“DIFC”) in February 2023 and publishing its new Arbitration Rules in May 2023. The new Arbitration Rules feature streamlined Online Dispute Resolution…
