…Rules 2012 Art.7, 10, the SCC Rules Art.11, the HKIAC Rules 2013 Art.27, 28). It would still be advisable to provide the tribunals with discretion on deciding whether to allow…
…Rules in future. The CCJA The CCJA, based in Abidjan (Côte d’Ivoire), is the leading arbitral institution in francophone Western and Central Africa. It is a supranational court, consisting of…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
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….
…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…
…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…
…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….
…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…
…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…
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,…
…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….
…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)…
…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 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…
…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…
…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…
…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,…
…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…
