…explained, that the old rules no longer apply. International arbitration is truly global and has experienced exponential growth. We must have “common” ethical standards so that the users and practitioners…
…counsel, he is reluctant to use an American trial lawyer as an arbitrator. Mr. Hennessee followed up that what users want is “certainty.” Rules need to be set so that…
…• Fla. Bar Rules 1-311 – the bar rule that allows foreign lawyers to work in international arbitrations. • Enactment of UNCITRAL model law in Florida without modification from the…
…as stated by Moollan, the problem is not the rules. UNCITRAL has led the way with constantly improving iterations of model rules and laws. The arbitral institutions contain to tweak…
…way to incorporate diversity into their rules and, in doing so, affirmatively impose the burden on the user community to boost diversity. As one panelist explained, institutions have a long-term…
…UNCITRAL Model Laws, and the UNCITRAL Rules if the parties accepted its applicability. It also reiterated that Article 6(4) of the UNCITRAL rules 1976 only speaks of “taking into account”…
…“BIT”) is not different from a contract, and did not refer to the customary rules of treaty interpretation, as codified by the Vienna Convention on the Law of Treaties (“VCLT”),…
and Niyati Gandhi A done to death topic in arbitration gatherings in emerging markets, particularly in India, is the debate about ad hoc versus institutional arbitration. The basic arguments in…
Facts The applicant, Darie Engineering (Darie), and the first respondent, Alstom Transport SA (Alstom), had a business relationship spanning over 20 years in which Darie acted as Alstom’s representative in…
…Rules, an arbitral tribunal has the power to re-open a closed proceeding, the Respondent argued that, a fortiori, an arbitral tribunal had the power to reconsider a decision rendered before…
…laws of Florida 2. Any and all disputes settled through arbitration conducted by the American Arbitration Association (“AAA”) in accordance with the AAA’s International Arbitration Rules 3. Seat of Arbitration…
…in the comment section to his post. First, there is no question that granting preferential treatment for developing countries does not violate MFN rules. That was settled with the so-called…
…to State responsibility: “[s]ome rules specifically prohibit threats of conduct, incitement or attempt, in which case the threat, incitement or attempt is itself a wrongful act. On the other hand…
…now seems to have been broken, with a number of arbitration rules enlarging consolidation rules (such as the Swiss Rules and the ICC Rules) and arbitral decisions, most notably the…
…Rules, like the ICC Rules, go further than the HKIAC and SIAC Rules and allow a party to apply for the appointment of an emergency arbitrator prior to the filing…
…the Rules or under the Arbitration and Conciliation Act, 1996 (the “Indian Arbitration Act”), including Section 9 thereof. The provisions of Part 1 of the Indian Arbitration Act are expressly…
…the parties referred to a “Madrid Arbitration Court” and its rules, neither of which exist. Lately, however, the notion appears to be gaining ground that arbitration agreements would also prevail…
…of when Bolivia can exercise the denial of benefits clause is one of jurisdiction. Consequently, in accordance with the UNCITRAL Rules (which were the applicable arbitral rules), the latest time…
…? (Although discovery can consume significant amounts of paper, it merits its own consideration and is not therefore addressed in this article.) Are any facilities, rules and/or guidance available on…
By Carmen Núñez-Lagos and Javier García Olmedo In an award rendered on 31 January 2014, an arbitral tribunal constituted under the UNCITRAL Rules declined jurisdiction over the claims brought by…
…intervening), Judgment of September 11, 1992 (para. 394), as a subsidiary means for the determination of rules of law. (Michael Wood, Teachings of the Most Highly Qualified Publicists (Art. 38…
…the UNCITRAL Arbitration Rules 2010. The claim concerned Australia’s enactment of the Tobacco Plain Packaging Act 2011 (Cth) which enforced the use of plain packaging on all tobacco products sold…
…while national laws are widely used as framework for international arbitration, a number of initiatives have emerged aiming at creating intrinsically international rules (soft law instruments). A recently published empirical…
…arbitration rules issued by the HKIAC, which came into force on 1 November 2013. The new HKIAC Rules address all of the most topical issues in international arbitration, including joinder…
