…and its accompanying UNCITRAL Transparency Rules. Chapter Nine of the TPP reflects these modernizations of the ISDS system. It includes provisions for greater transparency of proceedings and documents, and for…
…hacked from the Kazakhstan government’s computer network and introduced as evidence against Kazakhstan. Meanwhile, it may be that Diamonds Are Forever, but diamond mining concessions apparently are not, at least…
…is possible that the rules will provide for an appeal system before CAS, to reflect the requirements of the Olympic Charter (Article 61), and the FIFA Rules (Article 66). This…
…mechanism” , and proposes other innovations that are intended to improve ISDS. In light of the criticisms of the investment provisions of the TPP, it is worth taking a closer…
…traditional third-party funding transaction is often depicted as a triangle with the three corners representing the party, attorney and funder. Now there is new evidence that third-party funders are transitioning…
…institutions could, and should, eventually become proactive and reform the scope of their liability from the bottom, by means of the changes to arbitration rules under which civil liability should…
…should be read fairly and as a whole. The Court accepted that the panel’s findings in relation to the key evidence were “undeniably sparse”. Having heard extensive evidence from a…
…other related dispute resolution conferences, registering with the ICC National Committees of which they are nationals, being active in working groups such as ArbitralWomen, IBA, ICC, UNCITRAL, publishing, speaking, arbitrating…
…the onshore and offshore entities join forces for their mutual benefit. The MoU lists as one of its objectives, the revision of applicable laws, regulations and rules, and development of…
…the opposing party. Such an emphasis on neutrality is provided under some rules (e.g. Article 13, ICC Rules), but is silent in other rules such as the Swiss Rules, which…
…Third, it states the place of the arbitration, namely, Singapore. Fourth, it provides that the arbitration is to be governed by a particular set of rules, namely, the ICC rules.”…
…relates solely to documents and/or physical evidence, excluding assistance in obtaining witness evidence, expert evidence or on-site investigations. Court decisions allowing or denying the request for assistance in obtaining evidence…
…or some (Czech Republic) of their intra-EU BITs. These terminations did not affect any of the UK’s intra-EU BITs. Earlier this year, Poland considered taking measures towards terminating its intra-EU…
…of the LCIA Rules, has cast doubt on this position. We understand that an application for permission to appeal has been filed. Emergency procedures under the LCIA Rules Article 9A…
…Report, in 2008 the parties to this agreement amended several textile-related provisions of CAFTA-DR, “including, in particular, changing the rules of origin to require the use of U.S. or regional…
…ratified through Presidential Decree No. 34 of 1981. In 1999, the Indonesian government enacted the Arbitration Law. Indonesian arbitration is governed by these two sets of rules. Generally, arbitrability refers…
…of Party-Appointed Expert Witnesses in International Arbitration) or relevant soft law provisions such as articles 5 and 6 of the IBA Rules on the Taking of Evidence. Whether the parties…
…Rules, or under many other arbitral institution rules and many national arbitration laws (such as the English Arbitration Act) that endorse the principle that “costs follow the event” and that,…
…afforded to him/her by mandatory rules of law which would have been applicable in case of lack of choice of law (art. 1194 § 3). Intertemporal rules According to art….
…the Act and Rule 31(1) of the applicable 1998 ICC Rules and found that (as a matter of construction) the arbitrator was correct “as a matter of language, context and…
…appointment of an expert to investigate and report back on the condition of The Gate under Art. 68 of the UAE Law of Evidence read together with Art. 28 of…
…portfolio of services. The revised ICC Mediation Rules entered into force in January 2014; and the new Mediation Rules of the Vienna International Arbitration Center (‘VIAC’) in January 2016. –…
There has been a lot of attention paid to the various innovations in the new SIAC Rules 2016 such as the possibility of an early dismissal of claims under the…
…which goes even further than the LCIA Rules are the Arbitration Rules of the Court of Arbitration at the Polish Chamber of Commerce (PCC Rules), which came into force on…
