India’s revised Model BIT: Every bit worth it!
…choice to refer to arbitration under (i) the ICSID Convention, (ii) the Additional Facility Rules of ICSID or (iii) the UNCITRAL Arbitration Rules. The revised Model BIT contains the usual…
Search Results for: iba rules on the taking of evidence
The Recent Settlement at the Iran-United States Claims Tribunal: Historical Context, Implications, and the Future – Part I
…interesting aspects of this interlocutory award is the Tribunal’s consideration of the interplay between the Tribunal’s procedural rules (modified UNCITRAL arbitration rules) and the CSD. The US argued that the…
The Contents of Journal of International Arbitration, Volume 33, Issue 1, 2016
…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…
Unfinished business and the arbitration practice – how close are we?
…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…
First Argentine Court Judgment on the Recognition of an ICSID Award
…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…
The ICC’s Guidance Note on Disclosure and Third-Party Funding: A Step in the Right Direction
…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…
Amicus Curiae, Investment Arbitration, SIAC, Singapore, Singapore International Arbitration Centre, Third party funding
A Brief Overview of the Draft SIAC Investment Arbitration Rules 2016
…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,…
Mackenzie-Stuart Lecture 2016: Investment Arbitration and EU Law – Juliane Kokott
…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…
Arbitrating in the ADGM: Some further thoughts and considerations
…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…
Persisting Problems: Amendments to the Indian Arbitration and Conciliation Act
…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…
MDIS v. CORAL: Can Two Challenged Arbitrators Render An Enforceable Award?
…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…
Brazil Refuses Recognition of an ICC Award Set Aside in Argentina
…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…
CETA, EU-Vietnam Free Trade Agreement, European Union, ICSID Convention, Investment agreements, Investment Arbitration, Investment protection, ISDS, TPP, Transatlantic Trade and Investment Partnership
The TTIP Negotiations: US versus EU Leadership in Global Investment Governance
…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…
Istanbul Arbitration Centre
…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….
Creeping “Crusade” of Russian Courts against Arbitrability of Public-Related Disputes
…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…
New Perspectives and Challenges for International Arbitration in Armenia
…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…
Consumer Arbitration – Will The Two Different Worlds Across The Ocean Converge?
…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…
The Deafening Silence of the Anti-ISDS Groups After the Philip Morris Decision
…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),…
Could Indonesia join the TPP?
…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…
English Arbitration Act, Interim measures, LCIA Rules, Order of the Arbitral Tribunal, State Immunity
The Arbitrator’s Clothes: Peremptory Orders and State Immunity in Arbitration
…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…
Reasoned Awards in International Commercial Arbitration
…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…
The Impact of Third Party Funding on Allocation for Costs and Security for Costs Applications: The ICCA-Queen Mary Task Force Report
…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…
International Arbitration in Italy: Is the American Rule the Solution?
…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…
Arbitration in Hong Kong: Looking Back at the Year of the Sheep
…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…