…of internalization of costs) have shaped distinctive (and at times, innovative) treaty choices. ASEAN’s bold positioning of collective investment rules however have suffered from internal contradictions, not least the puzzling…
…RF Chamber of Commerce and Industry enacted the Arbitration Rules for Corporate Law Disputes (“ICAC Corporate Rules“). Although the ICAC Corporate Rules are rather detailed, they are to be applied…
…the examples of Hong Kong, Switzerland and Singapore as evidence of the close link between dispute resolution services and financial services. However, Ms Hendy maintained that there was little point…
…September 2012. The CIETAC HK’s authority to accept and administer cases was only formalised upon the publication of the 2015 edition of CIETAC’s rules. The Decision of Ennead Architects International…
…Guideline, the HKIAC Guidelines supplement existing regulation of secretary fees in the HKIAC Arbitration Rules. Schedule 2 of those Rules, for example, stipulates a cap on the hourly rate that…
…Are witnesses obligated to maintain confidentiality? And; Whether confidentiality must be maintained during court proceedings arising out of arbitration? Though the institutional rules favor confidentiality, the ICC Rules does…
…contrary to the rules of natural justice. Where, however, the enforcee has, due to matters within his control, not provided himself with the means of taking advantage of an opportunity…
…Public-Private Partnership agreements (“PPP agreements”). Article 20 of this Act and articles 19, 20, 21, and 22 of its Regulations set forth certain rules for these arbitrations to be performed….
…– which emphasise best practice. 3. Investment Arbitration Rules On 1 January 2017 SIAC released the first edition of its IA Rules. This modern set of investment arbitration rules are…
…investments. In an effort to ensure greater transparency, several initiatives have been emerging such as (i) the United Nations Commission on International Trade Law (UNCITRAL) Rules on Transparency in investor-state…
…Optional Appellate Rules of American Arbitral Association, 2013 (“AAA Optional Rules”). Rule (c) of the JAMS Appeal Procedure, Rule 2.3 of the CPR Appeal Procedure and Rule A-2(a) of the…
…this draw-back, in recent years, many of the leading arbitral institutions have amended their rules to provide for the appointment of an emergency arbitrator. Such provisions give parties the opportunity…
…Arbitration Court and the Sports Arbitration Court, two further specialized sets of rules were approved – the 2017 ICAC Domestic Arbitration Rules and the 2017 ICAC Sports Arbitration Rules. When…
…sensitive natural resources’ area as the gas industry, and involving both multinational corporations as well as state-owned entities. Yet, both courts showed indifference to the ongoing proceedings taking place in…
…expert not to address an issue that counsel knew to be material or relevant to the dispute. Additionally, the IBA Guidelines on Party Representation in International Arbitration, Guidelines 26 and…
Nearly one hundred climate scientists, economists, policy specialists, investors, and lawyers recently convened in Stockholm for the conference “Bridging the Climate Change Policy Gap: The Role of International Law and…
…issues by focusing on obtaining statistics in regards to the situation, as well as taking a proactive stance on how to move forward from this point. This was done, in…
…have ratings below BBB. Figure 3: One-year corporate bond spread to LIBOR, across ratings (AA to BBB) The evidence above illustrates that borrowing rates vary over time with market conditions,…
…of Excerpts from Recordings) and textual descriptions of the boundary (at p. 9 of Excerpts from Recordings) as evidence which Slovenia – by explicit admission of Dr. Sekolec and the…
Having disposed of yet another forest worth of pristine hearing bundles, I wonder: when will arbitration finally go paperless? Gillian Lemaire asked the same question in a 2014 piece called…
…arbitration is by revising former arbitration rules and introducing new ones. The IA Rules include several unique provisions which the 2016 SIAC International Arbitration Rules (SIAC Rules) do not feature….
…(ICC) Rules of Arbitration, as provided for in the arbitration agreement of the SPA. The plaintiff objected to the arbitrator’s jurisdiction on the basis that there was no valid arbitration…
The new arbitration rules of the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC Rules” or “Rules”) entered into force on 1 January 2017. These Rules introduced a new…
…Party in light of EU Law, economic interests of Poland, and economic interests of Polish investors. Additionally, the analysis of rules and consequences of the termination of the intra-EU BITs…
