…other aspects of the European judicial area, have also been adopted at the EU level (e.g. common rules on taking of evidence, harmonised procedures such as the European enforcement order…
…taking a €5m bribe from MOL in exchange for facilitating the 2009 Agreements. However, in July 2015, Croatia’s Constitutional Court annulled the corruption conviction on grounds of procedural errors and…
…indeed, he is right. This article serves as evidence. Myanmar has managed to take a number of important steps in gradually opening up its economy, attracting investment and creating growth…
…body of law. We must therefore educate if we are to repeal this law. But we educate to furthermore prevent similar laws from taking root. Justice is simply not served…
In January 2017 the new Lima Chamber of Commerce Arbitration Rules (the “new LCC Rules”) will come into force. These rules seek to provide a better regulatory framework and improve…
…of fact which require reviewing of voluminous evidence. The Court also opined that ordinary civil courts are better equipped to handle such cases as “[G]enerations of judges have dealt with…
…Blog, 2nd October 2014 and G. Blanke, “The EMAC finally established: Welcome on board!”, Kluwer Arbitration Blog, 4 June 2016, now adopted its own rules, the 2016 EMAC Rules of…
…revised set of arbitration rules, the 2016 DIFC-LCIA Rules. These entered into effect on 1st October 2016 and apply to all new arbitration proceedings commenced in a DIFC-LCIA forum from…
The Workstream on Arbitration of Islamic Finance Disputes was tasked with looking at whether the development of specific rules and the development of a comprehensive so-called lex Islamica and procedures…
…since the investor does not violate any rules of public international law by bringing an investment claim or if the state experiences negative media coverage. It appears that the current…
…expert evidence. This conclusion is also in line with the provisions of the IBA Rules on Taking of Evidence in International Arbitration. Under Article 9 of the IBA Rules on…
…even the prevailing party’s expert and attorney fees. (Rules 35 and 37, 2016 Rules). Absent specific prohibition by the parties, SIAC’s 2016 Rules mandate (employing “shall”) that the tribunal is…
…by the time Ms. Pechstein signed the agreement, the CAS rules “did not provide for a fair balance with regard to the influence of the sport bodies on the one…
…does not suggest that ISDS provisions have a significant impact on investment flows.’ Economic evidence on this question has long been debated; Luke Nottage, amongst others, has recently supported the…
…project; and (2) an arbitration agreement concluded after a dispute has arisen. Implications – Default laws under the institutional rules When parties have not expressly agreed the law…
On January 1, 2016 the Milan Chamber of Arbitration (“Milan CAM”), issued Rules for Dispute Boards (“Milan Rules”) exactly one year after the Arbitration and Mediation Center of the Santiago…
…has been also acknowledged in a recent report by the IBA entitled “Achieving Justice and Human Rights in an Era of Climate Disruption”, one of its recommendations being, the setting…
…of a foreign State cannot be authorized by a judge unless one of these conditions is satisfied: 1° The State has expressly consented to the taking of such measures; 2°…
…recognised that “Businesses seek assurance of the prevalence of rule of law in the Indian market. They need to be assured that the rules of the game will not change…
…it is upheld in the lex arbitri, or imposed under the rules of the arbitration institution, or provided for in the parties’ dispute resolution clause. A large majority of the…
…must have a greater say regarding trade deals. The same voice of taking back control is heard in many countries across the EU and most visibly in the UK after…
…more confident in its position (if the evidence produced in the proceeding does not clearly contradict the team’s theory). The same phenomenon is likely to occur in the group on…
…not reflect the opinions of Quinn Emanuel or of the Brazilian American Lawyers Association. To further deepen your knowledge on fact evidence in international arbitration, including a summary introduction, important…
…to relieve that pressure on the competent authorities. Firstly the two year time limit for resolution by agreement may be extended to three years. Secondly, detailed rules about the sufficiency…
