Costa Rica Has A New Arbitration Law
…awards. It is therefore to be presumed that awards will be enforced before the competent courts pursuant to the applicable rules of civil procedure. The two final provisions of the…
Search Results for: prague rules
A Few Words On The Tension Between Efficiency And Justice
…being encouraged to speed things along, and rules such as the IBA Rules on the Taking of Evidence are being tightened in order to vest arbitrators with the discretion to…
Arbitral seat, Arbitration, Arbitration Act, Asia-Pacific, Confidentiality, Enforcement, International arbitration, kompetenz-kompetenz, Mediation, National Arbitration Laws, New York Convention, Seat of the arbitration, UNCITRAL Model Law
New Hong Kong Arbitration Ordinance comes into effect
…enforcement must produce an original or certified copy of both the award and the underlying arbitration agreement), the rules which govern enforcement will depend on the place in which the…
Appeal, Appointment of arbitrators, Arbitration, Arbitration Agreements, Arbitration clause, Arbitration Institutions and Rules, Arbitrators, Commercial Arbitration, Dispute resolution clause, Domestic Courts, Enforcement of an arbitration clause, English Law, ICC Arbitration, Nationality requirement in arbitration clauses, Supreme Court
Jivraj v. Hashwani – Are Arbitrators Employees?
…nationality of arbitrators – either expressly or through the incorporation of institutional rules, including the ICC, LCIA and UNCITRAL rules (e.g. in order to support the arbitrator’s perceived neutrality). Since…
Arbitration, Jurisdiction of the arbitral tribunal, Pre-arbitral procedure, Set aside an arbitral award, Supreme Court, Switzerland
Multi-tier Dispute Resolution Clauses: Swiss Supreme Court Considers Impact Of (Omitted) Pre-arbitral Expert Appointment and Conciliation on Arbitral Tribunal’s Jurisdiction
…a conciliation meeting. It interpreted the dispute resolution clause in accordance with the general rules of contract interpretation. The Court found that Art. 20(2) lacked the specificity required for a…
Singapore Apex Court Lays Down Clear Framework for Arbitrability of Insolvency-Related Claims
…cannot contract with some of its creditors for the non-application of certain insolvency rules. Weighing the competing policies, the Court took the final position that the right balance to be…
Is The Principle Of Finality “Losing Its Appeal”?
…that defendants would bet the company with no effective means of review […].” Elsewhere, on 15 March 2011, the Arbitration Rules of the Spanish Court of Arbitration introduced (on an…
Anti-arbitration, Arbitration, Arbitration clause, Arbitration Institutions and Rules, ICC Arbitration, Joinder
Anti-Arbitration: Drafting?
…of a technical dispute. After making inquiries she may find, for example, that the ICC will appoint experts (the ADR group manages this process) even if the institution’s rules and…
Reconsidering ICSID Awards
…mistake arising from oversight or omission. This change would be broader than the grounds for correcting awards under the rules of many private commercial arbitration institutions, which generally permit a…
Reflections on Vis From the Winning Team
…arbitration rules were the subject of this year’s moot. His final words were to announce that the University of Ottawa had won. You can imagine the jumping up and down…
Some Cost Consensus?
…good experience with the Swiss Rules “Expedited Arbitration” (one arbitrator, six-month time limit, one round of briefing, accelerated hearing) and many other institutions are putting similar products on the market,…
Egypts Unrest – Dubai’s Moment of Opportunity?
January 28, 2011 – violent protests rocked Egypt; February 2, 2011 – political anxiety and ongoing unrest in Egypt threaten to shake other economies; February 11, 2011 – Mubarak resigned….
Waiver of an Arbitration Agreement Resulting from a Party’s Failure to Pay the Advance on the Costs of the Arbitration
According to the rules governing domestic arbitration (Art 30 of the Concordat on Arbitration, and, as of 1 January 2011, Art. 378 of the Swiss Federal Code on Civil Procedure),…
New York Court Grants Pre-Award Attachment in Aid of a Foreign-Seated International Arbitration
…the amount of $18,480 under New York’s Civil Practice Law and Rules § 7502(c). Section 7502(c) provides for the pre-award attachment of assets located in New York in connection with…
The Hong Kong Financial Dispute Resolution Centre – Specialist arbitrators required to perform a delicate balancing act?
The aftermath of the Lehman Brothers’ bankruptcy saw more than 20,000 retail investors in Hong Kong suffer losses from investments in structured products. This gave rise to political pressure on…
Inter-American Conventions, International arbitration, Investment Arbitration, Investment protection, South America
What will the recent entry into force of the UNASUR Treaty mean for investment arbitration in South America?
…event the parties are unable to reach agreement, the parties can resort to international arbitration in accordance with the rules of the centre. Those rules provide that where an investor…
Dallah and the New York Convention
…law of the putative arbitral seat, indisputably applicable under Article V(1)(a)’s choice-of-law rules), which had already been decided by a French-seated tribunal; moreover, French courts had unique expertise on the…
A Chance to Discuss Proposed or Published Changes to Key Arbitration Rules
…Rules, making the PCA staff frequent representative experts on the changes and growth these rules have taken. In the past year or so, many of the influential arbitration rules have…
Anti-arbitration, Appointment of arbitrators, Arbitral seat, Arbitration Agreements, Arbitration clause, Arbitration Proceedings, Dispute resolution clause, International arbitration
Anti-Arbitration: An International Pledge to Arbitrate Commercial Disputes?
…preference for arbitration under the rules of the ____ Centre, the arbitration shall be conducted under such rules. Where the parties’ preferences do not match, the rules shall be UNCITRAL.”…
BIT, Confidentiality and Transparency, Foreign Investment Law, Investment agreements, Investment Arbitration, Investment protection, Transparency in investment arbitrations
Harnessing Freedom of Investment for Green Growth
…volume identify, characterize, and analyze existing rules, innovations, and best practices in international investment agreements, including the investment measures used by other sustainable development treaties and instruments. The table of…
Arbitral seat, Arbitration Agreements, Arbitration clause, Arbitration Institutions and Rules, Arbitration Proceedings
Mixing and matching arbitration rules in mainland China – the pros and cons of using the UNCITRAL Rules in CIETAC arbitration
…which allows parties to adopt “other arbitration rules” as the applicable rules of the arbitration. The underlying reason for this trend is simple: Article 4.2 provides an apparent opportunity for…
Arbitration clause, Arbitrators, Disclosure, Domestic Courts, IBA Guidelines on Conflicts of Interest, Jurisdiction, LCIA Arbitration, Provisional measures, Russia
RUSSIA: An improvement in relations between the Russian courts and international arbitration?
…the first time that such rules have been adopted in Russia. The Rules are non-binding, but take into account the IBA Guidelines on Conflicts of Interest and the rules of…
Arbitration, Arbitration Act, Commercial Arbitration, Europe, International arbitration, Legislation, National Arbitration Laws
New French Arbitration Law Clarifies Role of National Courts and Reinforces Recognition and Enforcement of Arbitration Awards
…are within the exclusive jurisdiction of national courts (Article 1468). Further, the law introduces new rules governing the production of evidence. Arbitral tribunals are entitled to order parties to produce…
SIAC Arbitration: Some Strong 2010 Numbers and an App…
…the institution’s new arbitration rules, which came into force on July 1, 2010. Alongside incremental improvements to the previous rules, the new 4th Edition introduced two more substantial changes: provision…