…English law give to an arbitrator’s determination on the scope of his/her own jurisdiction under institutional arbitration rules, like the LCIA Rules. In relation to the scope of the word…
…filing a request and the receipt of the permission from the Government of the Russian Federation. Special attention is given to the conformity of the rules of the arbitral institution…
…hear or take evidence despite the existence of facts that must be justified; (iv.a) the arbitral award decided matters that fall outside the scope of the arbitral agreement; (iv.b) extra…
…the Courts and the Arbitral Awards ratified by the Courts shall be executed by the competent entity having jurisdiction outside DIFC in accordance with the procedure and rules adopted by…
…have initiated price review proceedings against Gazprom under the SCC Rules. Against that background, as oil prices fall, those supplying higher cost energy are the most vulnerable. A number of…
…made, that choice was irrevocable. The New Foreign Investment Act will enter into force on January 1, 2016 or after the issuance of certain rules that will regulate the operations…
…after the 2012 Edition of the CIETAC Arbitration Rules came into force. The causal factor appeared to be new provisions changing the way in which CIETAC dealt with requests for…
…costs are expert evidence and document production. Some will have seen proceedings where two opposing experts end up like ships passing in the night by giving testimony on related but…
…neither the 1998 ICC Rules, nor the French arbitration law provide for the arbitrator or the ICC to keep the receipts of the notifications addressed to the parties, (iii) the…
…perborate had participated in a cartel contrary to EU competition rules and imposed fines on those companies. In March 2009, CDC brought an action for damages before the Regional Court…
…Two States (“Rules”) were the applicable rules of procedure. According to the Press Release published on the PCA’s website on July 10, 2015, the arbitration has been in progress for…
…Companies”) to enforce an emergency arbitrator award rendered under the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC Rules”) against Ukraine. Apart from being the…
…(iii) the award was rendered after the contractually prevailing time-limit, and (iv) the award improperly made provision for legal costs. This claim was contradicted by the evidence on record and…
…less developed treaty partners; “creating mechanisms” such as appellate institutions or standing investment courts; and “referring to other bodies of law”, such as rules on corporate social responsibility . (pp….
…process envisaged under Art. 215 CPC. This process, in turn, would have to comply with the procedural requirements of domestic civil litigation, including as to service, pleadings, evidence, language of…
…such a list. It is noteworthy for example, that in 2012 the ICC amended its arbitration rules and granted the ICC Court more leeway in appointing arbitrators, by facilitating direct…
…– There was no evidence that Meydan had not been afforded a fair hearing. Further, Meydan had never raised any argument as to the Sole Arbitrator’s performance of his mandate…
…public interest, a factor frequently referred to by tribunals arbitrating under the UNCITRAL Rules. As only two of these new BITs have entered into force, the impact any of these…
…to court proceedings. Non-Domestic Rules Of Evidence Can Apply Subject to the Rules of Court, the SICC may depart from Singapore rules of evidence. Presently, the only means by which…
…and enforcement of foreign arbitral awards). In other words, to the extent that a DIFC judgment creditor prefers enforcement through arbitration (taking account of the wider geographic scope of international…
…to economic sanctions that are external to the applicable law. These, just like exchange control regulations and antitrust laws, fit into the category of overriding mandatory rules (or “lois de…
…excess of jurisdiction pursuant to Art. 34(2)(a)(iii) of the Model Law. In particular, they argued that the Tribunal: i. failed to consider the liquidator’s arguments, evidence and submissions on whether…
…year the CAC adopted a new set of ethical rules that effectively incorporate the IBA Guidelines on Conflicts of Interest in International Arbitration into the CAC’s “Code of Ethics.” Duarte…
…far: • If you are going to apply for an expedited procedure pursuant to Articles 9A-C of the 2014 Rules (or Article 9 of the 1998 Rules), call the Secretariat…
