To Pay or Not to Pay: A Lesson from the Pre-Paid Legal Services v Todd Cahill
…will still be (and was) treated in accordance with the AAA rules. The AAA Rules provide for deposits to be made in equal shares. They also state that if such…
…will still be (and was) treated in accordance with the AAA rules. The AAA Rules provide for deposits to be made in equal shares. They also state that if such…
Introduction and background Vladivostok is often perceived as the ‘capital’ of Russia’s Far East. It is also often portrayed, however, as Moscow’s backward colonial outpost, with few cars on the…
…noted that the implementation of the ICSID Convention rules in this case was essentially unnecessary and the remarks expressed did not add anything crucial to the ruling. Summing up, this…
…had jurisdiction over a dispute submitted to ad hoc arbitration under the UNCITRAL Rules.It held that in the context of modern investment treaty arbitration, the language of Article 17 of…
…irrevocably bound to traditions. Being forward-minded in dispute resolution, Vienna is host this week to the IBA-VIAC International Mediation and Negotiation Competition, a four-day event in which 16 teams will…
…was the tribunal’s responsibility to convince the parties to adopt certain procedures, such as applying the 2010 IBA Rules on the Taking of Evidence in International Arbitration. Reflecting on the…
…institutional rules that contain a standard waiver (e.g. ICC, LCIA, SIAC), but will also be deemed where the parties have agreed to dispense with reasons for the tribunal’s award. Rationale…
…the rules for the enforcement of international arbitral awards in Ecuador. Background Prior to the enactment of the GOCP, Ecuadorian legislation did not have an express procedure designed to recognise…
…rules on counsel conduct, such as those of the IBA or LCIA, are not only laudable but “essential to the success of arbitration”. In arbitration’s potential “wild west” environment, he…
…law requires often blur together some very different rules. Sometimes defenders of the system portray it as only about prohibiting discrimination against foreign investors; other times they focus on the…
…UNCITRAL Arbitration Rules, rendered, however, upon a court order. Due to the poor and inaccurate wording of Article 33.4, both interpretations could be sustained and it will be up to…
…the jurisdiction of an arbitral tribunal to consider and apply mandatory principles of EU law. It is axiomatic that some rules of EU law are mandatory in nature and form…
…details of how the State-State arbitration should take place – no choice of rules nor a method for appointing a tribunal. On the other hand, the CFIA signed with Mexico…
…also provides useful clarification as to the process of adjudication before DABs, and the rules of enforcement of decisions made by the DAB, under the 1999 Red Book. We make…
…the number of claimants in a single procedure. In PV Investors v. Spain (UNCITRAL Rules), a group of 16 investors commenced arbitration against Spain. At the very end of 2014,…
…evidence were all located in Ecuador. Thus, Texaco used this argument to persuade the court that it had no jurisdiction to adjudicate the dispute. The court agreed and dismissed the…
…such as the UNCITRAL Rules or the CPR Non-Administered Arbitration Rules. The incorporation of these rules provides a non-negotiable framework for the proceedings, which is essential when disputes arise. By…
…Arbitration Rules (“Rules”) until the final version of the Rules was approved in July 2014. When NCAC’s Rules were unveiled at Phnom Penh’s International Arbitration Day in 2014, it became…
…administer arbitrations under the [ICC] Rules” (art. 1(2) of the ICC Rules). It is reasonable to conclude that a general reference to the ICC Rules as the applicable rules also…
…majority of arbitral proceedings take place under ICSID rules and the ICSID awards have been published on the ICSID website for several years and the new UNCITRAL Transparency Rules introduce…
…regarded as highly problematic. While there is no unified doctrine amongst different common law jurisdictions, courts in the UK, Australia and the US generally require clear evidence of a deliberate,…
…the Rules of the Grain and Feed Trade Association (“the GAFTA”) in London, upon request of the claimant. According to the GAFTA arbitral award, the respondent was obliged to pay…
…to carefully examine the evidence and analyze whether any of the above situations were relevant in the present case and justified the extension of the arbitration agreement to B3. Based…
…view, these precedents are wrong for two reasons: On the one hand, because they are contrary to what it says in Article 222 of Spain’s Civil Procedure Rules (Ley de…