Settling Well
…need to invest time into understanding more about negotiation. I offer as evidence this passage from his book on how opening offers contributed to a good settlement result of a…
Search Results for: iba rules on the taking of evidence
Arab World, Arbitration, Foreign Investment Law, ICSID Arbitration, ICSID Convention, International tribunals, Investment Arbitration, Investment protection, Iraq
Iraq May Have Energy, But Can It Meet Agility with Resilience?
…business. As I outlined in a previous KAB post, it is surprising that Iraq ratified the ICSID Convention, or signed the various treaties it has, rather than taking what is…
How Should “Bare” Arbitration Clauses Be Enforced By The Courts?
…discussion and mutual agreement shall be referred to and finally resolved by arbitration as per Indian Contract Rules. The arbitration clause in the second contract reads as follows: The Seller…
Arbitration of International Factoring Disputes: Back to the Origins
…of disputes within the international factoring community. The authors recently took part in an arbitration under the Rules of Arbitration of Factors Chain International (FCI Rules). In this article we…
Arbitration, Arbitration Awards, Bribery, Enforcement, Greece, ICC, ICC Arbitration, International arbitration, Public Policy
Government Procurement, Bribery, and an Olympic Size Scandal at the ICC
…submit evidence on the petition in 2015, asking for guidance on how much deference it had to afford the Athens court’s decision. The U.S. ultimately declined in January 2016, and…
Arbitrator-ordered Costs of Injunctive Relief Proceedings in National Court: When Should a Party Be Able to Recover its Costs?
…proceedings such as confidentiality and the taking of evidence. As we all know, such parallel proceedings often also take the form of court proceedings initiated to seek conservatory or other…
U.S. Federal Courts’ Broad Jurisdiction Under the New York Convention
…agreement or award falling under the [New York] Convention.” West of England relied on an arbitration clause in its Club Rules that it contended were in effect at the time…
Does Cultural Diversity Improve or Hinder The Quality of Arbitral Justice?
…arbitrators are asked to determine facts that grew out of interactions within unfamiliar cultural milieu on the basis of evidence offered by “cultural others,” they appreciate the limitations of their…
Arbitration Agreement, Arbitration clause, Arbitration institution, Arbitration Institutions and Rules, English courts, Singapore
Have the Singapore Courts Faltered in the Enforcement of Arbitration Agreements?
…from or relating to these terms or any Contract made hereunder shall, unless resolved between us, be referred to arbitration under the arbitration rules of the relevant exchange or any…
The German Media Arbitral Tribunal
…administered by the DMS may use the model arbitration clause provided on the DMS website. Arbitration proceedings are conducted on the basis of the DMS Rules of Arbitration (“DMS Rules”)….
The Development of Arbitration Legal Studies In Brazil (or How the Vis Moot Can Change Your Life)
…more than ever before – to Brazil. That is because the arbitration rules that will apply as the basis for the competition’s fictional dispute will be, for the first time,…
Has Brazil Made a Unilateral Binding Offer to Arbitrate in the 2016 Investment Partnership Program (PPI)?
…that covers most large-scale infrastructure projects. MP 752 created additional tools to favor PPI projects. One of them is arbitration under special rules. Articles 1 and 2 of Law 9.307,…
Arbitration, CETA, Lex Arbitri, Seat of the arbitration, UNCITRAL Arbitration Rules, UNCITRAL Model Law
Place of Arbitration in the Proposed “Investment Court” Scenario: An Overlooked Issue?
…available regimes are the ICSID Convention (with its associated arbitration rules), ICSID Additional Facility and the UNCITRAL Rules. There are numerous differences between these three rules. One such difference is…
FIDIC Multi-Tier Dispute Resolution Clauses in the Light of Bulgarian Law
The FIDIC forms of contracts (FIDIC forms) constitute a comprehensive set of rules applied worldwide in complicated construction projects. The FIDIC forms contain a multi-tier dispute resolution mechanism – depending…
The Hypocrisy of Anti-ISDS Groups – Part 2
…investment court system (ICS) of the EU should be applied to NGOs, i.e. the UNCITRAL Transparency Rules. Indeed, this may require to align on this point the OECD Guidelines with…
How Legal Traditions (Still) Matter in International Arbitration
…relation to bridging the gaps between different legal traditions on evidence, the safest option remains sticking with the 2010 IBA Rules on the Taking of Evidence in International Arbitration. Settlements…
Antitrust arbitration, Arbitration clause, Competition Law, European Law, European Union, Multiple parties
Antitrust Arbitration in Europe (Part I): Improving Private Enforcement by Removing Procedural and Evidential Barriers in Arbitration
…that claimants are afforded the right to obtain the disclosure of evidence relevant to their claim, without it being necessary for them to specify individual items of evidence”. (Recital 15…
Arbitrators, arbitrators’ conduct, Evidence, ICSID Arbitration, Investment, Investment Arbitration, ISDS
Evidence in Investor-State Arbitration – The Need for Action
…exclusion of evidence on the basis of privilege, confidentiality, or violation of fundamental principles of international public policy. In short, investor-state arbitration follows robust rules of evidence. It can withstand…
Parties’ Obligations Under an ADR Agreement – A Systematic Content Analysis of Agreements to Resolve Commercial Disputes
…the event of non-compliance. Moreover, there are different rules on the precise moment in time at which ADR begins and ends, and on the exact obligations of the parties to…
The Contents of Journal of International Arbitration, Volume 34, Issue 1, 2017
…grounds for setting aside the subsequent award, if and when such measure is dictated by the Member State’s procedural rules. This article examines the relevant procedural rules in Denmark and…
State Corruption in ICSID BIT Arbitration: Can it be Estopped?
…with insufficient evidence of corruption, but — as discussed previously on this blog — relied on its sua sponte evidence gathering to find that corruption was present. To avoid this…
S.18 of the Arbitration Act 1996 – When And How To Use It – Silver Dry Bulk Co Ltd (Claimant) v Homer Hulbert Maritime Co Ltd (Respondent), 13 January 2017.
…governed by institutional rules, these rules would have remedied the issue of the appointment of the arbitrator. Because the arbitration was ad hoc, it was necessary for the parties to…
Global Geopolitics and International Energy Arbitration: a Report from the 4th Annual ITA-IEL-ICC Joint Conference
…energy disputes, lists identifying experienced energy arbitrators, and bespoke procedural rules, like time limits on rendering awards. The majority of panelists and audience members expressed skepticism about the utility of…
How Much (More) Transparency Does Commercial Arbitration Really Need?
…achieve more Legal Transparency. An important example is the opt-out provision of Article 41 of the Rules of Arbitration and Conciliation of VIAC (Vienna Rules), which permits the VIAC to…