…of annulment bodies. In order to promote fairness, the rules governing commercial and investment arbitration (e.g., the ICSID Convention, the UNCITRAL Model Law, and national laws) provide for annulment as…
…force, i.e. that it is valid and final. In terms of such evidence, the extract from GAFTA/FOSFA arbitration rules or a letter from an arbitration institution that this particular award…
SCC was one of the first institutions to provide for emergency arbitrator proceedings in its rules. In 2010, the new Appendix II was added to the SCC Arbitration Rules and…
…institution, and rules were not disclosed. On 10 June 2015, the Court granted TNB leave to enforce the Award. Subsequently, in August 2015, TNB applied for a charging order over…
…example, it is not clear from the provisions whether MFN treatment covers only substantive rules or extends to procedural protections such as dispute resolution. These debates have been raised in…
…of Abroad in Civil or Commercial Matters, which provides procedures for taking evidence abroad upon the request of judicial authorities of state parties. The Hague Convention procedures are of no…
…lifetime of CSP plants were between 35 and 50 years (¶523), however, the majority found that Charanne did not submit sufficient evidence to support such allegation (¶522). Moreover, it noted…
…order to rebalance this asymmetry, three fundamental interrelated objectives were suggested: (i) to level playing field between investors and states; (ii) to define and apply the principles and rules pursuant…
…contradict the Tribunal’s approach adopted in Charanne. Although the final outcomes differ greatly, Charanne’s tribunal applied the same approach to legal stability and dramatic changes to the rules of the…
…provides that the courts of contracting states must enforce awards rendered in another contracting state in the same way, using national procedural rules, as if it were enforcing a domestic…
…an anti-Muslim religious purpose.” The court found “ample” evidence to support this assertion, including: * Then-candidate Trump’s numerous campaign statements expressing animus towards the Islamic faith; * His proposal to…
…bank based in Barcelona) was a party to many of these cases. Evidence presented to the court demonstrated that Caixabank had participated in 79 TAB arbitrations between 2011 and 2015…
…Rules of Procedure for Arbitration Proceedings (Arbitration Rules). In 2015, Eskosol filed a Request for Arbitration based on Italy’s claimed violation of the Energy Charter Treaty (ECT). Italy petitioned the…
…the DIFC Courts have jurisdiction under Article 5(A)(d) of Law No. (12) of 2004 on the Judicial Authority at DIFC when there is no evidence in that decision or in…
…rules contain an express yet rebuttable presumption that the successful party will be entitled to recover its reasonable costs (e.g., the UNCITRAL, CIETAC, FAI, DIS, Swiss and LCIA Rules). Further,…
…principles governing the disclosure application were those found in the English Civil Procedure Rules (the “CPR”), CPR 31.12 i.e. an application for specific disclosure. In other words, as long as…
…views on the justifications for the retention of the institution and the proper role that the party-appointed arbitrator should occupy. The article then turns to providing practical rules of engagement…
…Mr Savola reminded that when drafting the current FAI Arbitration Rules which came into force in 2013, the ICC Arbitration Rules of 2012 served as a source of inspiration in…
…Four institutions revealed how they put their commitments to the Pledge into practice. At the “Not in the Rules” seminar this May in Vienna, Stefano Azzali (Milan Chamber of Arbitration),…
…claim out of the jurisdiction pursuant to Part 6.36 of the Civil Procedure Rules. This post is further focused on a jurisdictional objection made by Sony Europe, which sought a…
…in particular cases. It is promoted only when the outcome is driven by the principled application of the rules which comprise and regulate the system. Third, the risk that much…
…more information about new and lesser-known arbitrators. Since when do 92% of people surveyed agree on anything?!? By comparison, only 90% of people surveyed globally like chocolate. While taking the…
…This means that the transparency rules regarding ISDS, in particular the UNCITRAL Transparency Rules 2014, which are referred to in EUSFTA, must be considered to be mixed. Accordingly, the so-called…
…goal is to achieve consensus, the third arbitrator might be predisposed to withhold opposing information, in order to avoid reputational damage. Chairmen should try changing the rules of the game,…
