Conventional wisdom holds that one of the virtues of international arbitration is the ability to blend divergent procedures, generally referring to civil and common law traditions. The IBA Rules of…
…B. Born, International Commercial Arbitration 1449 (2009); see, e.g., U.K. Arbitration Act 1996, § 93. In the United States, however, ethics rules generally prohibit judges from serving as arbitrators. See…
…itself “the power to set aside, in large measure, the existing Rules of Procedure, and replacing them by another set of rules of its own; acting as a legislator, be…
…investor-state rules in a free trade agreement to subvert a democratic nationwide debate over mining and sustainability in El Salvador,” and singles out the move of Pac Rim’s subsidiary from…
…award from the arbitral tribunal, the procedures required by law or the relevant institutional rules must be followed if the supplementary document is to be recognised as an award at…
and Sandrine Giroud, Lalive In a decision issued on 23 November 2011, the Swiss Federal Supreme Court gave some welcome guidance on the rules of immunity applicable to the enforcement…
…laws of other jurisdictions to govern the arbitration agreement. Similarly, foreign seats of arbitration appear to be an important factor. The choice of specific institutional rules for the conduct of…
…unsurprisingly the UNCITRAL Rules make the most appearances as the preferred rules of institutions. I cannot tell you how many arbitrations each institution has each year since most do not…
…payment of the sales price fell under the jurisdiction of the arbitration clause. Comment This decision serves as a reminder of the rules applying to the interpretation of an arbitration…
…the arbitrator’s duty to update and disclose conflicts of interests. I. The Inapplicability of the ICC Time Rules for Arbitrator’s Challenge Article 11 of the ICC (1998) Rules provides that…
…a loan agreement entered into on 24 January 1990 (the “Loan Agreement”). The Loan Agreement included an arbitration clause providing for arbitration under the Arbitration Rules of the Arbitration Institute…
…parties, the LCIA is particularly well-suited to this treatment. While the LCIA Rules do not actually require a written reasoned decision for challenges, and provide only limited instruction on challenge…
…do more in forcing arbitrators to render decisions promptly. The ICDR Rules contain no specific deadline, the way the AAA Commercial Rules do — they just urge tribunals to be…
…now the revised 2012 Rules. From the ICDR, we’ve seen the 2009 Rules amendment and before that the 2008 Guidelines for Arbitrators Concerning Exchanges of Information — which was a…
…determine applications for interim relief before the arbitral tribunal is constituted (e.g. SCC Rules, SIAC Rules, new ICC Rules). In this blog, we examine some of the practical issues raised…
…Court of Justice (the ECJ) — the West Tankers case (Allianz Spa v. West Tankers, Case C-185-07 [10 Feb.2009], 2009 WL 303723). The Brussels Regulation, which provides rules that govern…
…claims by investors before the International Centre for the Settlement of Investment Disputes (ICSID) and also under UNCITRAL rules like never before against one single State. It was in the…
…provision was further developed by the Supreme Court in a separate set of Special Rules on Alternative Dispute Resolution procedures (the “Special Rules”). Rule 10 of the Special Rules describes…
As Roger Alford mentioned previously, New York University Law School hosted a discussion of the Chevron-Ecuador dispute on October 24th. The event was subject to the Chatham House rules, so…
…Although the ACA is not based on the UNCITRAL Model Law, the arbitration rules attached to it are. Under its National Investment Promotion Act, any foreign investor who registers under…
…in its holding that there is no impediment to mass claims under the ICSID Convention and Arbitration Rules and that ICSID tribunals have the power under ICSID Arbitration Rule 19…
…Moreover, it is well-settled that arbitrators have significant discovery tools available to them; they are able to order the disclosure of documents under many international arbitration institutions’ rules, which also…
Amendment to the International Chamber of Commerce Rules of International Arbitration The International Chamber of Commerce has issued a revised set of rules for International Arbitration, due to come into…
…the Swiss Rules, it will be the end of the proceeding. This, according to Schlaepfer, is a jurisdictional and not an administrative decision. A debate later ensued between Phillipe Pinsolle…
