…investor-state dispute settlement (‘ISDS’). It concludes that most of that criticism is neither supported by statistical evidence nor by the practice of international arbitration. Consequently, this article cautions against the…
…avail themselves of these options carry any stigma? Are they taking themselves out of the running for partnership? As such, Slaughter makes a powerful argument that flexibility “cannot be the…
…principles. Note that, if no treaty applies, Argentine courts must recognize and enforce the award in accordance with the requirements set down by the domestic rules of procedure. If a…
…a party for the award.” This definition of TPF tracks, word for word, the definition of TPF found at General Standard 7a of the IBA’s 2014 Guidelines on Conflicts of…
…on 27 May 2016. The draft SIAC IA Rules are a unique hybrid of modern commercial arbitration rules and specialist investment arbitration rules (e.g. the ICSID Rules). As discussed below,…
…the EC. The arbitration community views this issue through the lens of public international law and addresses the conflict by resorting to the conflict rules of the Vienna Convention on…
…ADGM are based on the common law tradition, taking inspiration from the English legal system, and possess stand-alone arbitration laws that are both modeled on the UNCITRAL Model Law (on…
…of determination of fees of the arbitral tribunal and the manner of its payment to the arbitral tribunal, the High Court may frame rules as may be necessary, after taking…
…procedure was not conducted according to the Arbitration Law and the applicable rules of procedure. As explained, the Law provides that the arbitration proceeding should be suspended when two or…
…under the ICC Rules, against (a) Endesa Internacional S.A. (currently named Endesa LatinoAmérica S/A and (b) Astra Compañia Argentina de Petróleo S/A, which later merged into YPF S/A. The arbitration…
…States, as is often the case in international politics, is taking a pragmatic and realistic approach. Concerns about ISDS and regulatory space are taken into account as one element in…
…say? i) Arbitration and Mediation Rules: ISTAC Arbitration and Mediation Rules (the “Rules”), as well as Fast Track Arbitration Rules and Emergency Arbitrator Rules, may be reached online through www.istac.org.tr….
…same court took a different view. In any case, a dire conclusion made in this recent judgment can have far reaching destabilizing implications, taking into account wide application of the…
…rules”, and not the substantive law which was determined by the conflict of laws rules. In the opposite situation, upon the absence of choice of law, if the tribunal choses…
…case was already being examined in Californian courts, the US Supreme Court decided in AT&T Mobility that the FAA preempts state rules that render class-arbitration waivers unenforceable. Therefore, the rule…
…conducted under the UNCITRAL Arbitration Rules of 2010 pursuant to the Hong Kong-Australia BIT. It took the Arbitral Tribunal, which consisted of highly experienced arbitrators Prof. Karl-Heinz Böckstiegel (Presiding Arbitrator),…
…Bulgaria and Egypt. In the meantime, no new BITs, or negotiations for new BITs, have been announced. At the same time that it has been taking steps to terminate its…
…the proceedings“, including orders for provisional relief. In the present case, the parties had chosen the LCIA Rules as lex arbitri, Article 25 of which permitted the arbitral tribunal to…
…rules chosen by the parties require such an award. However, the inquiry cannot stop there. Why do parties routinely request such awards, particularly given the amount of time and money…
…Anecdotal evidence suggests that at least 40% of the current investment arbitration claims have either secured or explored funding from third-party funders. Partly because third-party funding (TPF) became very popular…
…and administered according to its rules. Nonetheless, the “costs of the proceedings” generally represent only a minor (but not trivial) section of the overall costs. By way of example, a…
…to notify the nature of its funding to the tribunal and to the other party to proceedings (as is already recommended in the IBA Rules on Conflict of Interest in…
…Rules 2012 Art.7, 10, the SCC Rules Art.11, the HKIAC Rules 2013 Art.27, 28). It would still be advisable to provide the tribunals with discretion on deciding whether to allow…
…Rules in future. The CCJA The CCJA, based in Abidjan (Côte d’Ivoire), is the leading arbitral institution in francophone Western and Central Africa. It is a supranational court, consisting of…
