Judicial Economy in Investor-State Disputes
…may at least in part be the result of the different sets of rules used for various disputes. The UNCITRAL Rules (1976) – the governing rules for the Eli Lilly…
Search Results for: iba rules on the taking of evidence
International Arbitration In London From The Perspective Of A Civil Law Lawyer: Rome I Regulation And Contractual Penalties
…The LCIA Rules as well as the other arbitration rules are of little help, stating in Article 22.3 that the Arbitral Tribunal shall apply the law which it considers appropriate….
Arbitration, Arbitration institution, Arbitration Institutions and Rules, Arbitration Proceedings, Corporate disputes, Pocket arbitrations, Russia
New Rules of the Game for Arbitral Institutions in Russia: Two Recent Governmental Authorizations
…arbitral institutions have already developed and adopted arbitration rules for corporate disputes. For example, the ICAC has separate set of rules for corporate disputes, and the Arbitration Center at the…
Arbitration Agreements, Arbitration Institutions and Rules, Enforcement, Expedited arbitration, ICC Arbitration, ICC Rules
Overriding an Explicit Agreement on the Number of Arbitrators – One Step Too Far under the New ICC Expedited Procedure Rules?
…the HKIAC Rules, with the threshold of HKD 25.000.000 (Art. 41.1 lit. a.). Whether the new Expedited Procedure Rules will foster parties’ choice of the ICC Rules will depend on…
Arbitration Institutions and Rules, ICSID, ICSID Arbitration, ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, ISDS
Celebrating the Semicentennial: New Proposed Changes to the ICSID Arbitration Rules
…to authorize the request’. The 2006 Rules considered a broader amendment process by tackling the provisional measures, the preliminary objections, the transparency rules, the establishment of an appeals panel, the…
Arbitral Tribunal, Arbitrator Challenges, Arbitrators, Code of Ethics, IBA Guidelines on Conflicts of Interest, Portugal
Again the “Incorporation” of the IBA Guidelines into a Code of Ethics: an “Investment in Virtue”?
…at a mere “reference” to the IBA Guidelines5)The provision at stake reads “bearing in mind the IBA Guidelines” (see my post). as a true “incorporation”, therefore bearing the risk of…
Arbitral Award, Arbitration Act, Arbitration Agreement, Arbitrators, Seat of the arbitration, Summary procedure, Switzerland
Switzerland to Become More Attractive for International Arbitration
…the time when the parties start arbitration proceedings, which law will apply (chapter 12 SPILA or the internal arbitration rules contained in the CPC). The proposed revised article 176 I…
The Protection of Investments in Disputed Territories: A Panel Hosted by BIICL’s Investment Treaty Forum
On March 14th the Investment Treaty Forum at The British Institute of International and Comparative Law hosted a panel of experts to discuss practical and legal aspects of investments protection…
The Ansung Tribunal Gives Its Views On Allocation of Costs Under ICSID Arbitration Rule 41(5)
…Arbitration Rules (2014) which allow the tribunals to order sanctions against counsels who has violated the general guidelines of the rules. Also, in ICSID arbitration proceedings, the discretion to allocate…
Australia’s International Arbitration Act Amendments: Rejuvenation by a Thousand Cuts?
…and 36 (or to assist tribunals in taking evidence under Article 27). Nor is the Federal Court specified for the recognition and enforcement of interim measures under Article 17H, added…
Choice Between Interim Relief from Indian Courts and Emergency Arbitrator
…out in the rules of the various institutions vary. For example, SIAC Rules provide that the emergency arbitrator must issue an award/order within 14 days of his appointment, while the…
Enforcement, Investment, Investor, ISDS, Permanent Court of Arbitration, Singapore, UNCITRAL Arbitration Rules
PCA Award Trapped in the Confines of the Singapore State Immunity Act
…Rule 7 of the Rules of the High Court. The Rules’ provisions are far from controversial and as such have not generated much debate or case law, apart from an…
Arbitrability, Commercial Arbitration, LCIA Arbitration, Public contract disputes, Public Interest, Public Procurement, UK
The Protection of the Public Interest in Public Private Arbitrations
…in progress of the works, Raytheon commenced arbitration proceedings claiming substantial damages for unlawful termination. The arbitration proceedings were conducted confidentially, under the rules of the London Court of International…
The Western Front: New Arbitration Rules for the Supreme Court of Western Australia
…Rules The Supreme Court (Arbitration) Rules 2016 (WA) (Rules) substantively came into force on 3 January 2017. The Rules apply to both international arbitration governed by the International Arbitration Act…
Improper Deliberations in International Arbitration as a Ground for Annulment
…under section 21 of the Spanish Arbitration Law (Judgment of the Spanish Supreme Court, 102/2017). Most leading arbitration rules are virtually silent on the requisite formalities, if any, of deliberations….
Machine Arbitrator: Are We Ready?
…evidence and the relation between the parties. In this scenario, it is important to ask whether technology might replace arbitrators in the near future. In order to perform such evaluation,…
Trade Wars and Commodity Arbitration
…parties should refer to any specific rules regulating their obligations under the contract. Most of such transactions are carried out by sea on the basis of CIF or FOB in…
The Contents of Journal of International Arbitration, Volume 34, Issue 2, 2017
Issue 34, Volume 2 contains: Michael W. Bühler & Pierre R. Heitzmann, The 2017 ICC Expedited Rules: From Softball to Hardball? Abstract: The 2017 ICC Rules of Arbitration, in force…
State Immunity from Enforcement in The Netherlands: Will Creditors be Left Empty-Handed?
…in Article 18 of the UN Convention, which rules out the possibility of levying conservatory attachments on a state’s assets without the state’s prior express consent. However, the Dutch Supreme…
Where Angels Fear to Tread: The Availability of Disclosure in Support of an Application to Remove a Tribunal
…under the parties’ agreement on confidentiality in Article 30.2 of the LCIA Rules. Conclusion The theme throughout Popplewell J’s judgment is that the Court will respect its role in the…
Taming the “Mercantile Adventurers”: Third Party Funding and Investment Arbitration – A Report from the 14th Annual ITA-ASIL Conference
…and the consequent lack of publicly-available empirical evidence has militated against certainty, it has been the accepted wisdom in recent years that 3PF is becoming increasingly prevalent in investment arbitration….
Arbitration institution, Arbitration Institutions and Rules, Arbitration Pledge, Costs in arbitral proceedings, Diversity, Surveys
Arbitral Institutions Are Doing Their Bit; What About The Other Players?
…other players must co-operate and play their part as well. Taking female arbitrator appointments, it is all very well that the institutions themselves are making impressive efforts to appoint females,…
Arbitration, English Arbitration Act, LCIA Arbitration, LCIA Guidance Notes for Arbitrators, LCIA Rules, Tribunal Secretary
When Does a Tribunal Secretary Overstep the Mark?
…tribunal secretaries, reviewing several sources of information on the role of tribunal secretaries including: • Art 14 of the LCIA Rules 1998 (the rules applicable in this case1)Similar wording is…
Rome Wasn’t Built in a Day: Progress Report on the Creation of a UNCITRAL Convention on Enforcement of Conciliated Settlement Agreements
…from unassisted (private settlement) negotiation are subject to the rules of contract law. Accordingly, some jurisdictions understandably object to the different treatment of these settlement agreements for the purpose of…