…Stay of Enforcement of the Award, 7 October 2008, ¶ 39) The procedure is regulated by Article 52(5) of the Convention and Article 54 of the Arbitration Rules. Stay has…
…amount to be paid under this Policy through mediation as above [condition 11], such dispute shall then be referred to arbitration under ARIAS Arbitration Rules. … The seat of the…
…irrelevant for our purposes, Seidel typically being cited for the proposition that consumer legislation should be interpreted generously in favour of consumers or for the general rules governing class actions….
…the other one on costs, issued by a Sole Arbitrator in London under the Rules of the London Maritime Arbitration Association (LMAA) following an application for enforcement by the award…
…be interesting to see how the question of confidentiality of the arbitral proceedings will be handled where the relevant arbitration law/rules prescribe such. The proposed Regulation sets wide-ranging reporting/consultation requirements…
…to achieve a fair and just result by taking into account all relevant circumstances.” Article 6(2) provides that the PCA’s Optional Rules for Arbitrating Disputes between Two States are to…
…looking at investor-state arbitration, specifically under the rules of the ICC. The ICC has been working hard to build up its profile in the international arbitration niche, investor-state arbitration. Unfortunately,…
…arbitration rules such as UNCITRAL (2010), ICC (2012), Swiss Rules on International Arbitration (2012), CIETAC (2012) specifically point out the milestone that such a truncated situation will only be considered…
…proposed options are not acceptable. Arbitration is only admissible under ABCD rules, in [city of customer]. Please confirm by COB today you will withdraw your exception to the arbitration clause…
…Final Award on Jurisdiction and Merits, Ad hoc – NAFTA/UNCITRAL Arbitration Rules, para. 7 Australia and Uruguay might therefore argue that, even if there had been a substantial deprivation of…
…and enforcement of an arbitral award issued in August, 2000 under the Arbitration Rules of the International Centre for Dispute Resolution/American Arbitration Association (“ICDR/AAA”). Under such arbitral award, the arbitrators…
…rules concerning governance, freedom of commerce, trading in wealth, rules of personal property and provisions and foundations on which the society is based in a way that do not violate…
On 13 January 2011, the Belgian Supreme Court (Cour de cassation/Hof van cassatie) ruled that an arbitral award could be set aside by a Belgian judge on the basis of…
…WL 2927615, at *6 (D.N.J. Oct. 11, 2006). Oxus Gold involved an arbitration seated in London under the UNCITRAL Rules arising out of a bilateral investment treaty (“BIT”). The court…
…Chamber of Commerce (SCC) Rules were the most popular institutional rules among all companies in the survey. Similarly to the results in 2010, companies clearly prefer the rules of the…
…is confidential will depend on, inter alia, the lex arbitri, the arbitral rules and the parties’ agreement. Under Singapore law, the principle of confidentiality in arbitration was, after detailed analysis,…
…negotiating parties. These include Australia’s reluctance to include investor-state arbitration; Singapore and Vietnam’s hesitancy regarding stronger disciplines for SOEs; Vietnam’s concerns with textile rules of origin; and broad opposition to…
…in the treaty to the UNCITRAL Arbitration Rules shall be presumed to include the Rules on Transparency, unless the Parties to the treaty have agreed otherwise, such as through a…
…elaborate rules on how to arbitrate maritime disputes. The Rotterdam Rules, in other words, distinguishes between parties who need the protection of its rules and those who are able to…
…refer to, or consider, the treaty standard’s independent normative existence and substantive content under international investment law, or to the rules of interpretation under VCLT Article 31. All that appears…
…discretion to act in furtherance of the national interest without violating trade rules. As such, Member States quite often can advance national objectives without the need to invoke the security…
The revised Swiss Rules of International Arbitration (“Swiss Rules”) enter into force today, 1 June 2012. While some general background has been given elsewhere (see here), the following specific features…
On 1 June 2012, the new revised version of the Swiss Rules of International Arbitration (“Swiss Rules”) will come into force. According to Article 1.3, the new Rules will apply…
…date. Of the eighty-seven proceedings, seventy-eight were initiated under the ICSID Arbitration Rules, of which two were initiated by the state party against the foreign investor. Six proceedings were initiated…
