…filed for arbitration under the ICC Rules with its seat in Istanbul. The tribunal rendered a partial award which declared that the agreement was valid and Clements Français was entitled…
In keeping with the popular saying that ‘a bad settlement is better than a good lawsuit,’ it is not unusual for parties in an arbitration to suspend the proceedings and…
…dispute, arbitration has a very significant process-based dimension which is largely left to the discretion of the arbitrators by most national arbitration legislations, major institutional rules and other international codes…
…Lovells has prepared a number of helpful charts comparing the revised provisions of the Rules to the 1998 ICC Rules, as well as to the current AAA and LCIA rules,…
…to be heard are part of procedural public policy. Procedural rules contained in the rules of an arbitral institution or otherwise agreed by the parties cannot oust these fundamental rights….
…ICDR Rules (2009) and Article 17 of the UNCITRAL Rules (2010). The most recent step in that evolution was the publication of the revised ICC Rules on September 12, 2011,…
…time. Second, September heralds the much celebrated debut of the ICC’s new “Arbitration and ADR Rules”, at least for people who celebrate such things. As the name of the volume…
…of scarce judicial and party resources [to] subside – the very goal the FAA was supposed to realize.” While bright-line rules (and the perceived certainty that they bring) can have…
…consequences of an absolute (as opposed to a restrictive) doctrine of sovereign immunity, particularly in light of the restrictive rules on waiver of immunity which now apply in Hong Kong,…
…negotiation, rather than the classical model of classroom teaching. By analogy, when you learn to drive a car you may start by learning the rules of the road in a…
…tribunal. In response to this need, the ACICA has updated its Arbitration Rules to include a set of Emergency Arbitrator provisions. The emergency rules, which establish a regime for emergency…
…MFN “treatment” includes only substantive rules for the protection of investments, or if it also extends to procedural protections such as dispute resolution. There have been conflicting decisions over the…
…Fast Track? Answer (b). The following institutions have all adopted rules for expedited proceedings: • AAA/ICDR (see “Expedited Rules,” available at https://www.adr.org/sp.asp?id=22440#A8); WIPO (https://www.wipo.int/amc/en/arbitration/expedited-rules/); • SCC (see “Expedited Rules,” available…
…Fast Track, Who Needs Fast Track? Which of the following arbitration institutions does not currently have rules for expedited, accelerated, or fast track arbitration (even for small claims)? a. AAA/ICDR…
…under the ICC rules, “except as these rules may be modified herein.” Each of the contracts also had multiple New York choice-of-law clauses, one of which provided that “[t]he law…
…not infrequently permitted. At the same time, in the wake of Bazzle, both the AAA and JAMS issued rules for the administration of class arbitration. And, as noted above, arbitral…
…for commercial arbitration in Qatar. The QICA Rules were issued as a set of arbitration rules to be used by parties who choose the QICA as the forum for their…
…Rules currently allow parties to appoint off-list only if they have agreed to do so, this announcement suggests that CIETAC may in the future allow off-list appointments even where the…
The four most recent ICSID disqualification decisions (Universal Compression v. Venezuela, OPIC Karimum v. Venezuela, Tidewater v. Venezuela and Urbaser v. Argentina) have unanimously rejected applications to disqualify arbitrators on…
…beyond trade in goods found in recent FTAS—labor rights, environmental protection, intellectual property, sanitary and phytosanitary measures, financial and telecommunications services, government procurement, rules of origin (particularly for textiles and…
…rules which form the basis of an agreement about certain procedural and other issues. Even an ad hoc arbitration will proceed on the basis of the parties’ agreement. However, it…
The Islamic Republic of Pakistan is not foreign to defending investment claims. In order to restore investors’ confidence in its country, the Pakistani government has enacted on April 28, 2011…
…litigation, and needs to be more efficient and less costly. As a result, arbitrators are being encouraged to speed things along, and rules such as the IBA Rules on the…
…such as the ICC’s revised Arbitrator Statement of Acceptance, Availability and Independence; the International Center for Dispute Resolution (ICDR) Guidelines for Arbitrators Concerning Exchanges of Information; Rules for the Facilitation…
