…other public goods because of possible investment arbitration claims by affected foreign investors. However, so far no evidence has been shown, which proves that a State has decided not to…
…the basis of the facts and evidence in the terms contained and digested in the text proper of the award, i.e. without (i) reopening the proceedings, (ii) re-hearing the evidence…
…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…
…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…
…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…
…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…
…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… – – – –…
…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…
…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…
…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…
…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,…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
