Arbitration in the Abu Dhabi Global Market: Ready, Steady, Go …!
…of institutional rules, whether of local (e.g., the ADCCAC Rules) or international (e.g. the ICC Rules) origin. Otherwise, the arbitral proceedings will be ad hoc but as such may, of…
Search Results for: iba rules on the taking of evidence
Myanmar Joins the UNCITRAL Model Law Asian Vanguard*
…relating to grant of interim measures of protection, court assistance in securing evidence in support of arbitration and, for enforcement of a tribunal’s orders and directions continue to apply even…
Avoiding Re-litigation of Identical Issues at the Enforcement Stage: A Deferential Approach
…taking a deferential approach, at least as a starting point. Similar to Lorde Mance’s suggestion in his recent lecture (relying on the permissive language of Article V of the New…
S. 29A of the New Indian Arbitration Act: An attempt at slaying Hydra
…or not an arbitration should be extended. This might lead to a scenario wherein lengthy proceedings ensue as parties lead large amounts of evidence and arguments in order to convince…
Challenges and Opportunities in International Energy Arbitration: a Report from the 3rd Annual ITA-IEL-ICC Joint Conference
…addressed the standards and procedures that govern in practice the granting of interim relief by emergency arbitrators, focusing in particular on the panelists’ collective experience under the ICC Rules of…
Spotlight on International Arbitration as a Means of Settling Disputes Arising from Climate Change
…alluded to the IBA’s report on Achieving Justice and Human Rights in the Era of Climate Disruption (IBA Report) published in 2014, which recommended the use of arbitration as a…
Ad hoc arbitration, Arbitration, Arbitration Agreements, Arbitration institution, Arbitration Proceedings, International arbitration, Latvia, Validity
Arbitration in Latvia: Was a Restart a Failure?
…must have separate premises, personnel, working-hours, website, etc.; an arbitration institution must publish a list of available arbitrator-candidates (at least 10 candidates); arbitration rules of an arbitration institution must be…
Taking Risks In Structuring A Foreign Investment: A Golden Opportunity At All Costs?
Investing internationally is all about taking risks. Risk-taking is essential to survive in today’s business world, where competitors, rivals, challengers, in all sectors of the economy, are growing like mushrooms….
Transatlantic Trade and Investment Partnership (TTIP) and a Paradigm Shift from Arbitration to Investment Law Trial?
…state or an international organisation under rules of public international law, should operate under commercial litigation norms rather than public law trial.[6] Revealing this dilemma is an important contribution of…
Arbitration, Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Investment Arbitration, Investment protection, Latin America, Mexico, Peru
A Year of Legal Developments for International Arbitration in Latin America
…investment arbitration, have issued more restrictive rules. This different approach is most clear in the context of arbitration involving States or State entities. Brazil: important amendments in the region’s giant…
Ad hoc arbitration, Arbitrability, Arbitration, Arbitration Proceedings, Corporate disputes, Enforcement, Russia
The Russian Arbitration Reform Reached Its New Development
…ones. The DCA Law directly stipulates that the rules of the former need not accord with the statutory requirements on the content of arbitration rules, which it also sets out….
Appointment of arbitrators, Arbitrator Intelligence, Arbitrator's Fees, Costs in arbitral proceedings, ICC Rules, Transparency, Uncategorized
ICC To Name Sitting Arbitrators And Penalize Delay In Issuing Awards
…second caveat is more mechanical, in that the new policy requires tribunals to submit a draft award. Under the ICC arbitration rules, drafts are subject to review by the ICC…
Is a Uniform Arbitrability Rule Needed at an International Level?
…arbitration clause or special procedural rules to be incorporated into corporate bylaws or articles of incorporation, or a model clause or procedural rules for arbitral institutions. In fact, such model…
Arbitral Tribunal, Arbitrator Challenges, arbitrators’ conduct, Book Review, Conflicts of interest, IBA Guidelines on Conflicts of Interest, ICSID Convention
Book Launch Event: Challenges and Recusals of Arbitrators in International Investment Disputes
By: Kiran N. Gore and Alexandros Diplas The Blog recently featured a book review of the recently published Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals,…
BIT, Costs in arbitral proceedings, Customary international law, Expropriation, Fair and Equitable Treatment, Free Trade Agreements, ICSID Arbitration, ICSID Convention, Investment Arbitration, Middle East, Treaty Interpretation, UAE, United States
ICSID Tribunal dismisses investment treaty claims against Oman (Part II): The substantive claims
…to adduce evidence of a suitable comparator and in any event, so the Tribunal, “[t]he Claimant’s case appear[ed], on the evidence, to be sui generis.” (see ICSID Award, at para….
Attribution, BIT, Costs in arbitral proceedings, Customary international law, Expropriation, Fair and Equitable Treatment, Free Trade Agreements, ICSID Arbitration, ICSID Convention, ILC Articles on State Responsibility, Investment Arbitration, Investment protection, Jurisdiction of the arbitral tribunal, Middle East, State Agency, UAE
ICSID Tribunal dismisses investment treaty claims against Oman (Part I): The facts and jurisdictional claims
…Public Prosecutor for (i) theft and violation of Omani environmental law (in relation to taking limestone and sand from and pursuing quarry operations outside the licensed quarry area) and (ii)…
To Include or Not to Include an Energy Chapter in TTIP?
…are also applicable to energy such as the most favoured nation treatment (MFN), national treatment (NT), free transit, Art. XX GATT exceptions as well as rules on subsidies and public…
The EU Proposal Regarding Investment Protection: The End of Investment Arbitration as We Know It?
…the respondent (EU or EU Member State). – The investor may choose that the dispute be settled in accordance with the ICSID Rules, the Additional Facility Rules or the UNCITRAL…
In the Realm of Greater Transparency: Is It Just ‘Much Ado About Nothing’?
…of transparency in investor-State arbitration: the 2006 ICSID amendments, the 2013 UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (“the 2013 UNCITRAL Rules”) (see here), and the Mauritius Convention (see…
What if the Ghost of Christmas Present Visited the International Arbitration Community of 1995?
…2004, the IBA unveiled the first set of IBA Guidelines, which recalibrated arbitrator disclosure obligations to decrease arbitrator discretion and increase transparency in the disclosure and challenge process. They accomplished…
Second International Conference for a Euro-Mediterranean Community of International Arbitration
…opinion, the IBA rules on taking evidence in arbitration were almost a “carbon-copy” of US laws. Dr Abi-Saab concluded by advocating a civil-law-centric approach to arbitration in the Euro-Mediterranean area,…
Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals (Giorgetti ed., 2015)
…offices in their countries, or who are jurisconsults of recognized competence.” Under ICSID, arbitrators need to “be relied upon to exercise independent judgment.” UNCITRAL Rules requires arbitrators to be “independent…
Australia, Canada, CETA, China, Japan, New Zealand, Peru, TPP, Trans-Pacific Partnership, Transatlantic Trade and Investment Partnership
“Essential Security” for the United States in TPP and Beyond
…clauses could be so limited. First, some investment treaties require a state taking essential security measures to notify its treaty partners that it is taking essential security measures and provide…
Ad hoc arbitration, Arbitral seat, Arbitral Tribunal, Arbitration, Arbitration Act, Australia, BIT, Transparency, Transparency in investment arbitrations, Uncategorized, UNCITRAL Arbitration Rules, UNCITRAL Rules on Transparency, UNCITRAL Transparency Rules
Recent Developments in Australia’s Approach to Confidentiality and Transparency in International Arbitration
…UNCITRAL or ICSID Arbitration Rules). At the time of Australia concluding treaties referring to them, such rules did contain some provisions relevant to the issue of transparency. The ICSID Convention…