…venue of the arbitration – in an arbitration clause that provides for arbitration to be conducted in accordance with the ICC Rules – provided sufficient evidence to satisfy the court…
…leaves open to question, among others, whether the court in Norfolk meant that the mere use of arbitral rules established by any state-founded or -affiliated institution, legislative/administrative body, or arbitral…
My colleague Trey Childress has a nice summary of the recent decision by a federal court in Florida in Osorio v. Dole Food Company to refuse to enforce a $97…
…arbitral tribunal to be constituted in accordance with the rules of the ICC.” Analysis While breaking little new doctrinal ground, the decision of 6 October 2009 provides an extensive restatement…
…surely in part due to the way that parties and tribunals have described preliminary requirements; significantly, unlike in the ICJ’s Rules, which in Article 79(1) entertain the possibility of preliminary…
…to present its case. • Yukos Capital had submitted new claims, which is not allowed under the applicable ICAC Rules. • The Arbitral Tribunal had not been properly constituted since…
…enforcement will then be stayed provisionally until the ad hoc committee established to hear the annulment request rules on whether to continue the stay. Unsurprisingly, States requesting the annulment of…
The Swiss Rules of International Arbitration (the “Swiss Rules”) entered into force on 1 January 2004. These rules were originally adopted by the Chambers of Commerce and Industry of Basel,…
…automatically. Article 28.6 of the ICC Rules and Article 26.9 of the LCIA Rules provide that the parties by agreeing to arbitration under the respective Rules waive their right to…
…and according to the province’s “rules of court”. The proceeding was unusual in that it was conducted in public, and attracted considerable media attention in Canada. Ultimately, the sole arbitrator,…
…court was not entitled to review the merits of the award and, even if the Qatari court asserted such jurisdiction, Article 28 of the ICC Rules (which provides that awards…
In 2006, the ICSID Arbitration Rules were amended to allow a party to make a preliminary objection to claims that are “manifestly without legal merit.” The procedure for this objection…
…new rules of customary international law in the future. By their very nature, customary rules evolve over time. The repetitive enunciation of some of the standards of protection existing under…
One can observe two rather opposing trends. On the one hand there is a steady (and more recently significant) increase in the number of arbitration cases; one the other hand…
…outer limits of ICSID jurisdiction. Decision at ¶ 107. It observed that, on a deeper level, is was “not persuaded that there is anything in the rules of treaty interpretation…
…Chapter 11, or of the ICSID Convention or Rules, confers such a power … It may be inferred that if such a power exists, it would only be for the…
…preclusive effects of arbitral awards in further arbitral proceedings set forth below need not necessarily be governed by national law and may be governed by transnational rules applicable to international…
…Rules ( https://www.cietac.org.cn/english/rules/rules.htm) and the Concerns Raised at the Conference: The 2005 Rules have brought CIETAC arbitration more in line with the procedures provided for by the rules of the…
…objector” principle is one “which States and scholars regard as central to the legitimacy of an international legal order governed by rules of customary international law.” For those looking for…
…of development of relevant custom rules in the field of international investment law. It is nonetheless largely agreed today that some rules of customary law have emerged. For instance, one…
…run increasingly under the radar for a number of years– unless both governments (or all claimants) pledge to disclose such cases to the extent permitted under these other arbitral rules….
…Petrobangla provided for arbitration under the ICC Rules with Dhaka, Bangladesh as the seat of arbitration. A dispute arose and Saipem began an arbitration. During the arbitration, the ICC Tribunal…
…contempt proceeding in US courts, arising from enforcement of an arbitration award in arbitral proceedings seated in New York under UNCITRAL rules brought by a Norwegian company (Telenor) against its…
…to cope with the pace of change. Although the landscape has changed dramatically in recent decades, the arbitration rules and practice remain largely the same. Arbitrators are authorized under existing…
