Arbitration in India: A New Beginning
…which appear to be heavily influenced by the IBA Guidelines on Conflict of Interest in International Arbitration. The amended Act also makes it impermissible for parties to agree in advance…
Search Results for: iba rules on the taking of evidence
Application to Have Arbitration Declared (In)Admissible – A German Torpedo to Arbitral Proceedings?
…conflict of law rules. This will often lead to the law of the seat of arbitration. What are the effects of a decision by the German court? Like the application…
Professionalizing Arbitration: A Response to the New York Times Articles on Privatizing Justice
…Arbitration Act. Both of these initiatives take aim at issues that could have been addressed through enforceable ethical standards or rules governing the conduct of arbitrators. It is up to…
Arbitration, Arbitration Proceedings, Commercial Arbitration, Enforcement, Poland, Set aside an arbitral award, Set aside an international arbitral award
One Instance for Setting Aside and Enforcement Proceedings in Poland as of the Start of 2016
…a necessary part of arbitration. As it was a case in Poland under the amended rules (until 1 January 2016) at least two court instances were available to the parties…
Arbitration memes!
…are a few. When international arbitration meets social media, no one is spared. That awkward moment when you are old enough to understand the IBA Guidelines… – – – –…
Reforming Company Law and M&A Arbitration in Russia
…the Russian company law and the delocalization of the country’s economy, such as general rules on shareholders agreements (SHA) or the “four-eyes” principle enabling the appointment of more than one…
The Scrutiny of an Award: The Bulgarian Arbitral Institutions’ Perspective
…their rules. One notable exception is Art. 37, Para. 4 of the Rules of the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry (Court of Arbitration at…
The Peculiar Case of Arbitration in Bosnia and Herzegovina
…whether a tribunal should resort to private international law in case of an international dispute. If yes, should it apply the private international law rules of BiH, or “the conflict…
Eleven Months without Jurisdiction to Decide on the Invalidity of a Contract
…tribunal with jurisdiction, the legislator created another layer of limitation specifically related to international cases, in particular, related to conflict-of-law rules in art. 28 of the Model Law. In particular,…
Arbitration, Arbitration institution, Arbitration Institutions and Rules, Arbitration Proceedings, Ex Aequo Et Bono
Back To The Roots of Arbitration
…inexpensive proceedings. By contrast, so they say, today’s arbitral process has become so over-sophisticated, over-lawyered and suffocated by a plethora of detailed laws, rules and guidelines that arbitration is hardly…
The Use of Alternative Dispute Resolution in Art Related Disputes
…administration services and provides for different ADR procedures, including mediation, arbitration and expert determination. The WIPO Arbitration Rules are particularly adapted to intellectual property related disputes and are generally regarded…
Hong Kong Law Reform Commission releases Consultation Paper on Third Party Funding in Arbitration
…be amended to provide that Third Party Funding for arbitration taking place in Hong Kong is permitted under Hong Kong law. 2. Clear ethical and financial standards for Third Party…
Arbitration, Arbitration Proceedings, Asia, Costs, Costs in arbitral proceedings, Enforcement, HKIAC Rules, International arbitration, Russia
Russian Interest in Asia: Dispute Resolution Beyond the Sanctions
…Panel and List of Arbitrators. HKIAC was also the first institution in Asia to release a Russian version of its administered arbitration rules. III. Experience HKIAC has significant experience managing…
Arbitrability, Arbitration, Commercial Arbitration, Corporate disputes, Investment Arbitration, Russia, Uncategorized
The Reform of the Russian Arbitration Law: The Arbitrability of Corporate Disputes
…ICC Rules 2012, the LCIA Rules 2014, or the Draft SCC Rules 2016). In summary, it is a question whether the proposed changes will promote Russia as a serious competitor…
Digging Up the Past: Can Greece Handle Another PSI Challenge?
…with the PSI than what was an offer in the markets. Before the International Swaps and Derivatives Association (ISDA), which manages Credit Default Swap (CDS) rules, declared that a Restructuring…
Is the European Commission Issuing a Dismissal Letter to Arbitrators?
…with the exceptions of the IBA non-binding guidelines and the ICCA task Force, only arbitral tribunals attempted to provide objective standards. In this regard, a case point is the ConocoPhillips…
Arbitration, Arbitration Proceedings, Arbitrator's Fees, Set aside an arbitral award, Set aside an international arbitral award, Sweden
Time to Upgrade: Review of the Swedish Arbitration Act
…by the parties should apply, and in the absence of party agreement, the tribunal should determine the applicable substantive law taking into account the legal rules to which the dispute…
Competition Between Arbitral Institutions in China – Fighting for a Better System?
…CIETAC amended its Arbitration Rules in 2012. The Arbitration Rules of 2012, which took effect on 1 May 2012 (the 2012 Rules), replaced those of 2005 (the 2005 Rules). Article…
The Contents of Journal of International Arbitration, Volume 32, Issue 5, 2015
…of arbitration lie in party autonomy, insolvency laws are often comprised of mandatory rules protecting the interests of different classes of stakeholders. This article attempts to devise an abstract model…
Three Recent Decisions Further Shaping Investment Treaty Case Law On Counterclaims: Part II
…one of the individuals. (para. 106.) Mr. Al-Warraq brought claims under the UNCITRAL Rules and the Organisation of the Islamic Conference (“OIC”) agreement. (para. 10.) Indonesia brought a counterclaim, alleging…
Three Recent Decisions Further Shaping Investment Treaty Case Law On Counterclaims: Part I
…UNCITRAL Rules of Arbitration are also illustrative on the second jurisdictional prong. In Saluka v. Czech Republic (UNCITRAL, Decision on Jurisdiction over the Czech Republic’s Counterclaim, 7 May 2004), the…
Canada, ICSID Arbitration, ICSID Convention, Italy, Nationality requirement in arbitration clauses, UNCITRAL, Venezuela
Treaty Claims by Dual Nationals: A New Frontier?
…nationals by tribunals constituted under the ICSID Convention and under the UNCITRAL Arbitration Rules (or other arbitral rules that are silent on the question of dual nationality). It may be…
Has Brazil Fully Embraced the Provisions of the New York Convention of 1958? Is it an Arbitration-Friendly Jurisdiction?
…those listed in the Convention – for the recognition of foreign arbitral awards. However, the Internal Rules of SCJ and its case law have regretabbly done so. Based on precedents…
The Challenge of Sanctions for Arbitral Participants
…members responsible for funding the arbitration (or who stand to gain from an award), even if not direct parties to the arbitration. The Impact on Arbitral Institutions Anecdotal evidence suggests…