…any grounds for refusal to enforce exist (BAA, Articles 38 and 39). Articles 216-C and 216-D of STJ’s Amendment to its Internal Rules No.18/2014 lay out the procedural requirements for…
…arbitral process. Moreover, the procedural rules of the BiH Court, though drafted with the best of intentions, require substantial updating to bring them into line with modern arbitration rules, such…
…intervention. Third, admissibility of evidence refers to the material which may be put before the Court. Mr Thomas QC explained that generally tribunals admit most evidence but distinguish evidence of…
…uncertain, then reliance falls on the general rules of jurisdiction provided by Article 5(1) of the Judicial Authority Law. Importantly, it must be determined whether the parties intended to refer…
…an early phase of the arbitration. Moreover, a number of recent revisions to arbitration rules make specific reference to preliminary determinations. For example, the 2010 International Bar Association (“IBA”) Rules…
…of evidence, the possible intimidation of witnesses or other effects which would impede the procedural progress of the arbitration. Rather, Claimants say the Complaints and the criminal investigation, together with…
A tribunal in an investor-state arbitration under the SCC rules issued an award on 21 January 2016, in Charanne B.V, & Construction Investments S.A.R.L vs The Kingdom of Spain, the…
…Arbitration Association. In the absence of any uniform code of ethics governing counsel conduct in international arbitration, there has been a reliance on mandatory national rules. Such national rules, however,…
…attempts to obstruct or delay. At the same time, an exponential increase in rules, case law, and soft law may present confusing and diverging answers as to which powers an…
…Salvage and Arbitration Clauses (LSSA) and procedural rules. A recent change to the LSSA has opened the door to the use of representative mechanisms in maritime arbitration, thereby adding to…
…in most jurisdictions, favouring the existence of a valid arbitration agreement despite evidence to the contrary, has led to even mandatory arbitration clauses being deemed functional. This was observed by…
…Courts and Arbitration”. In it he claims that arbitration is hindering the development of the common law by taking cases away from national courts and allowing commercial claims to be…
…end, while some foreign rules allow combining the formal request for arbitration and the statement of claim (Art. 16 of the 2013 HKIAC Rules), the distinction between them is actually…
…two-track approach, applying different rules to domestic arbitrations and “foreign” or “international” arbitrations. This is consistent with the New York Convention and most national arbitration legislation. See Gary B. Born,…
…proposal as well as the other two agreements demonstrates that the system relies on existing arbitration rules (including those of ICSID and UNCITRAL), and is still ad hoc, in the…
…Regulation No. 655/2014 compels the creditor to apply before the court (supposedly) having jurisdiction “to rule on the substance of the matter in accordance with the relevant rules of jurisdiction…
…clause according to which disputes were to be settled by an arbitral tribunal composed of three members, in accordance with the ICC Rules. The seat of the arbitration was to…
…ICC Rules and Art. 22.1(x) of the LCIA Rules). This is not a requirement under Art. 28 of the HKIAC Rules, which permits consolidation of arbitrations involving different parties, even…
Arbitration of patent disputes in the United States is on the rise. While, perhaps, somewhat behind the U.S. in that respect, the evidence is that this pattern is being paralleled…
…Court of Cassation placed unreserved reliance on Art. 24 of the DIAC Statue Rules read together with Art. 40 of the DIAC Rules, concluding in the following terms: “[on the…
…IBA Rules on Taking of Evidence in International Commercial Arbitration expressly places expert conferencing on the menu, while providing some detail on what this entails: it states that the Tribunal,…
…procedure under the Singapore International Arbitration Centre’s arbitration rules being employed. Commentary The prima facie approach First, the SGCA’s endorsement of the “prima facie” standard of review is noteworthy, particularly…
…court-like system with an appeal mechanism based on clearly defined rules, with qualified judges and transparent proceedings. A previous Arbitral Women blog post (December 2015) outlined the main innovative features…
…for 35 years) arise. Such a long passage of time would also exacerbate issues which the Tribunal may already be facing. With the effluence of time, evidence is lost or…
