…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…
…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…
…other factors. The most important is confirmation by the International Atomic Energy Agency (IAEA) that Iran is indeed taking steps to dismantle its nuclear weapons. Additionally, the “P5 + 1”…
…“Any dispute arising in connection with this Agreement […] is to be finally resolved in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce. […]…
…issued by international organisations such as the IBA and CIArb to assist arbitration practitioners and their clients in staying on the right track. The IBA Guidelines on Party Representation in…
…calling for arbitration under different institutional rules or with different seats, for example, consolidation generally will not be possible. Given the large number of contracts that may be implicated in…
…6 of the IAA and Rule 25.2 of the SIAC Arbitration Rules 2013 to argue that it was exclusively within the jurisdiction of the arbitral tribunal to decide the issues…
…evidence had been presented – upon which to imprint all the reasons why the judge should find in their client’s favour. Nowadays, the opposite situation prevails. Judges and tribunals are…
…location they find convenient. They may even meet each time in different places. As provided by the ICC Arbitration Rules and by most dispute resolution rules, the arbitral tribunal may,…
…obliged to comply with the exceptions d’ordre public under French law. The terms of reference contained the following provision: “The arbitral tribunal will apply the ICC Rules 2012 to the…
…Commerce in accordance with its rules.” In 2006, based on the application of the Polish bank Kredyt Bank, the control over one of the RU’s bank accounts was seized and…
…be in breach of finality. In this case, for a question of criminal liability the court would have to look at the evidence considered by the arbitrator, the law put…
…of treatment. In taking this view, the dissent concluded that the conduct of state officials is irrelevant for the purpose of assessing Canada’s breach of article 1105 since this could…
…Chamber already existed, but it was structured for domestic disputes. The decision was made not to modify the rules of the existing chamber, but instead to create a new arbitration…
…will. This is a point on which arbitration clearly loses the edge compared to arbitration. However, some major arbitration rules, e.g. ICC Rules, have express provisions on joinder/consolidation so this…
…Longlide arbitration was seated in Shanghai, China, while the Shenhua Coal arbitration was seated in London. According to generally accepted conflict of law rules as embodied in Art. V(1)(d) of…
We are delighted to announce that Wolters Kluwer’s 2nd arbitration event, Kluwer Arbitration London, is now open for registration. The half-day (morning) event, taking pace at the Hotel Novotel London…
…and leave to enforce a foreign award rendered under the London Maritime Arbitration Association (LMAA) Rules in London. In the defendant’s submission, such an order for recognition and enforcement should…
…Conflicts of Interests, the IBA Rules on the Taking of Evidence, the IBA Guidelines for Drafting International Arbitration Clauses, the UNCITRAL Notes on Organizing Arbitral Proceedings, and even the ICC…
…already rendered an award? One would hope that here the rules are settled. They are not. I decline commenting on the precise duties of an arbitrator here It is only…
…accordance with Article 30 of the ICC Rules, without any objection from the defendant (see ibid.). Sir David also rejected a secondary challenge of the award of infra petita, according…
…with much needed normative standards and rules to deal with the challenges of the 21st century. Such a prospect will add a new dimension to international arbitration by extending to…
…increasing prevalence of emergency arbitrator provisions in the institutional rules (including the 2014 LCIA Rules, the 2012 ICC Rules, the 2010 SCC Rules, the 2012 Swiss Rules, the 2013 SIAC…
…was not necessary to substantiate with evidence or a specific finding the causal link between the improper constitution of the Tribunal and the impugned award. On a side-note the Court…
