…arbitration agreement or governing arbitration rules, while 12% were uncertain whether the arbitration would be confidential under such circumstances. The 67 interviews of survey participants will form the basis of…
…rules of the arbitral proceeding. 2. The “Instant Cost Order” may be issued in relation to distinct procedural phases or procedures, such as interim measures applications and production of document…
A recent discussion on the OGEMID list about “elite arbitrators” prompted one participant to humorously compare the discussion to the frequent flier programs of airlines. This led to some fanciful…
…policy. Where neither the underlying arbitration clause nor the applicable arbitration rules contained special rules ensuring the strict equality of the parties in the appointment process section 1034(2) Code of…
…“that focus on cases with which the authors have been involved directly”. Well, that guideline, if it truly exists, pretty much rules out any insight we in-house counsel might provide…
…and based on current practices.12) Albert Jan van den Berg, Explanatory Note. Rather than having an academic debate, it proposes rules. The Miami Draft imagines articles of the NYC, the…
…rules have been recently revised, and none moved from unilateral to institutional appointments. The ICC is currently revising its rules, and it is unlikely to apply to all arbitrators the…
…the revisions to the UNCITRAL rules, providing input from a constituency that otherwise would have been absent amid service providers and academics. Not by any stretch of the word could…
…is clearly evidenced by the changes to arbitral rules, international investment agreements and case law. The 2006 ICSID Arbitration Rules expressly allow for participation of non-disputing parties as amicus curiae….
…frequently sought and accepted, and are commonly to be found in institutional rules, including the ICC Rules (Article 9.5) and LCIA Rules (Article 6.1) and the HKIAC Administered Arbitration Rules…
…at *5. It noted that Caratube proposed, and Kazakhstan and the Tribunal agreed, that the arbitration’s discovery process should be guided by the International Bar Association Rules on the Taking…
…Arbitration Rules, has seen its caseload increase substantially in recent years and, earlier this year, recruited a new Secretary-General. Thus, a recent case in Hong Kong on Crown immunity has…
…of the Civil Procedure Rules (CPR)). These are, generally speaking: the Commercial Court (general), the Technology and Construction Court (TCC – only for construction/engineering-related disputes), and the Business List of…
…in their general structure and content follow the Model Law. It covers both domestic and international arbitration. The rules about the composition of the arbitral tribunal at large correspond to…
…investigating the different and often contrasting ethical and cultural norms, standards and disciplinary rules that may apply to counsel in international arbitrations. As part of the Task Force’s information-gathering mission,…
…monetary aspect of an NGO’s presence in a foreign country – would the investment (if found as one under the relevant treaty and/or ICSID rules) be large enough to arbitrate?…
…due to the FAA, institutional arbitration rules and other mechanisms that prevent much of New York law playing a large role in the international arbitration itself….still, would it send a…
…to the soccer club Atlético de Madrid SAD (Atlético). Based on the then applicable FIFA Regulations for the Status and Transfer of Players (FIFA Rules), Benfica claimed in 2001 a…
…of case law history, why change it now? Finally, often when parties opt for institutional rules, any discrepancies are cleared out, resulting in the same or almost the same outcome….
…The U.S. Delegate, Green Hackworth, noted that the proposed limiting language on sources was also untenable, as very few rules of international law were universally accepted by the international community….
…and provides a uniform treatment of awards regardless of the country of origin, procedural rules involved, etc. amongst other standardizing attributes. With many jurisdictions having embraced the Model Law, there…
…annulment of an award (Trygg-Hansa, Bertrand, “The witnessing arbitrator,” https://avocats.fr/space/edouard.bertrand; Langeland et al., “Supreme Court Rules on Arbitrators as Witnesses,” ILO Newsletter, 10 July 2008). The dispute related to a…
The recent publication of the LCIA India Arbitration Rules (the ‘Rules’) has sparked a fair amount of discussion and interest, not in small measure owing to the fact that this…
…addition, the Russian Chamber of Commerce and Industry has also introduced several important amendments to the ICAC Rules (the “Rules”). The position of the First Deputy- Chairman of the ICAC…
