…awareness of the issue has been addressed in the public domain, by international community, and civil society. This publicity has resulted in States taking concrete actions at domestic level; the…
…Mediation Rules (2012), the ICC Mediation Rules (2014), the ICSID Rules of Procedure for Conciliation Proceedings (2006), the PCA Optional Conciliation Rules (1996), the Stockholm Chamber of Commerce Mediation Rules…
Can an international arbitral tribunal admit emails and documents as evidence if these documents were obtained by hacking a computer network? The ICSID tribunal in Caratube International Oil Company and…
…issue of gender diversity was at the forefront of the agenda, and taking the Pledge for Equal Representation in Arbitration (www.arbitrationpledge.com). The YAF coincided with a move by the same…
…Judgments Convention seeks to establish uniform legal rules on the recognition and enforcement of judgments which will provide international litigants with certainty in cross-border transactions. The draft text of the…
…US courts to disregard an annulment judgment if that judgment violates the US most basic notions of morality and justice. Baker Marine: Taking a Step Back but Leaving Discretion on…
…it was done in the violation of internal banking rules, and it was also not mentioned in accounting documents. Moreover, the AID believed that this transaction violated the rights of…
…Convention, the international court of justice and in support of arbitration, the rules of the Permanent Court of Arbitration for the Settlement of Disputes relating to Outer Space 2012 remain…
…institutional arbitration “was not binary” and that ad hoc rules like the UNCITRAL Rules “could be successfully administered by institutions”. The Notes also highlight a number of advantages associated with…
…judicial fact-finding, in relation to both expert evidence and documentary evidence. Expert evidence After seeking the views of the parties in December 2014, and following the conclusion of the hearing…
…of the presumption of innocence. On the other hand, the IOC affirmed the application of the rules of natural justice so that each affected athlete could rebut the applicability of…
…if the dispute concerns an economic operation taking place in different countries and involving the transfer of goods, services, funds, technologies or people across borders. Neither the nationality of the…
…(legally trained) professionals in the field, relatively little attention has so far been paid to the issue of arbitrators’ liability. Most institutional arbitration rules provide for a limitation of the…
…the Convention through Article VII – the so-called more-favourable-right provision – the Court allowed the party seeking recognition and enforcement to rely on the rules that are more favorable to…
…Rules. The parties have agreed on Moscow as a place of arbitration and the ICC as the appointment authority. When a dispute regarding the termination of the concession agreement arose,…
…of the Saudi Center for Commercial Arbitration (SCCA) in 2014. Recently, the SCCA launched a website , which provides information about its rules, processes, and fees. This is a promising…
…definitions often related to a physical “taking” by the State of an Investor’s assets, positing still the notion of an illegality which required the payment of compensation. In multilateral agreements,…
…and opinion juris. As indicated in several earlier cases and more recently reiterated in Philip Morris v. Uruguay, states’ adoption of particular rules in international treaties can constitute “evidence” of…
…the decisive factor (47% of the answers concerning Polish arbitral institutions, and 62% with regard to international institutions). Criteria such as low costs, up-to-date arbitration rules and similar were ranked…
…of sufficient evidence to support the District Court’s findings of fact, and, therefore, the court accepted them as true. The court rejected each of the grounds raised by the appellants:…
…of the ISDS rules within TTP. However, as I noted in a previous blogpost, the anti-ISDS groups have been extremely silent when the first Philip Morris case against Australia was…
…tribunal immediately, conduct its investigations expeditiously whilst taking care not to invoke the arbitrator’s jurisdiction, and formally raise its objections as soon as it has sufficient evidence to do so….
…Drake relied in the arbitration. The arbitrator’s involvement had included meeting persons who might give evidence in the arbitration. In ASM Shipping v TTMI [2006] 1 Lloyd’s Rep 375, the…
…States, were relinquished when China ratified UNCLOS (at [271]). The Tribunal found that there was no evidence that China had historically exercised exclusive control over the South China Sea. Prior…
