…to make public statements about “taking back big mines” (¶ 304), which were followed by the nationalization of Las Cristinas together with the rescission of Crystallex’s mine operation contract. These…
…and if it has not been specified, the tribunal will apply the law of the respondent, including the rules on conflict of laws and such rules of international law as…
…produced any evidence before the trial court that it lacked capacity to sign the contract in accordance with the law of the country where the arbitral award was issued. As…
…Judicial decisions and arbitral awards are not formal sources of international law. They cannot be considered as evidence of state practice for the formation of customary rules. Yet, while international…
…The SCC Rules are the third most frequently used set of arbitration rules in investment disputes—after the ICSID and UNCITRAL rules. Recognizing that such disputes raise different issues and involve…
…year juridical battle against a two year suspension imposed on her for a disputed doping rules violation has put her into the spotlight even more than her sporting achievements. A…
…companies under the GAFTA Rules, which provide for a two-tier procedure. Party B, which had won the arbitration before the second-tier GAFTA appeal panel, sought to enforce the award against…
…providing for the possibility of arbitral tribunals rendering partial awards on key issues, institutional arbitration rules are rather silent when it comes to the issue of arbitral decisions on preliminary…
…Taking all the circumstances into consideration, the Court concluded that the factors outlined above constituted “other circumstances that may be considered as foreign-related civil relations” under article 1(e) of the…
…full integration of the common law legal system of the ADGM into the UAE civil law system, which would surely be a world first! Taking a closer look at the…
…notify or present evidence despite the existence of facts that should be proved; (iv) extra– or ultra petita inconsistencies; and (v) illegal appointment and formation of the arbitration tribunal. Since…
…dispute is arbitrated, it may be under the ICSID Convention and the ICSID Arbitration Rules, ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, the Regional Centre for Arbitration at Kuala…
According to a recent announcement (see the official DIAC website at https://www.dubaichamber.com/en/news/dubai-international-arbitration-centre-opens-an-office-in-difc), the Dubai International Arbitration Centre, widely known by its acronym as the “DIAC”, is set to open a…
…amendments to a party’s written submissions; Agreeing to the belated introduction of a party’s new defences/claims, or of fresh evidence; or Acceding to last minute requests to reschedule oral hearings…
…Statute). The EMAC has been given competence to oversee disputes both under the EMAC arbitration rules (once adopted) or any other rules chosen by the parties, seeks co-operation with other…
…customary rules of nationality in the BIT context, Childress further suggested that when a BIT is silent on the question of dual nationality, international customary rules of diplomatic protection may…
…that taking a pledge was the way forward. By signing a pledge and encouraging practitioners in dispute resolution to do the same, they would feel more committed to redressing the…
…means of dragging out litigation. Moreover, some mediators are expressing growing concern about lawyers taking control of the mediation process, limiting joint sessions and insisting that all communications go directly…
…because arbitration is hindering the development of the common law (by taking cases away from national courts and allowing them to be decided behind closed doors). In response, Lord Saville…
…Centre (the “Center”) and a Code of Conduct of Arbitrators are almost ready and expected to be officially in place. These rules contemplate a number of hybrid rules, including: (1)…
…proceedings. On 19 January 2016 the Rules of Procedure (the “Rules”) were issued by the Tribunal, including a final section entitled “Section VI. Transparency”. This section sets out a procedure…
…of the Evidence Act is the treatment of evidence, and this is conceptually independent and distinct from rules of contractual construction. While the rules of evidence under the Evidence Act…
…especially those coming from the commercial world. This development started with the English ‘Woolf Reforms’ in 1996, creating efficient Civil Procedure Rules in England and Wales, and is now being…
…arbitral institution, set of arbitral rules, arbitral seat, number of arbitrators). Further, the parties should define the scope of the clauses broadly and clearly express their intention that each of…
