Is Arbitration Changing?
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…
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…
…– The arbitrators and the secretariat were appointed in accordance with the same arbitration rules. The rules, thus, envisaged that the CRT-I was going to need secretarial infrastructure which could,…
The Arbitration Institute of the Stockholm Chamber of Commerce (SCC) has recently proposed the inclusion of an “Emergency Arbitrator” procedure in the SCC Rules (see Draft New Rules with Notes)….
…under the ICC Rules. Comment The potential controversy inherent in the Singapore Court’s decision is whether or not the SIAC can truly administer an arbitration “under the ICC Rules” given…
…international arbitration rules, such as the ICC Rules of Arbitration, leave the decision on costs entirely to the discretion of the arbitral tribunal.** And because the approach to the recovery…
…takes to survive. However, the pursuit of survival imposes profound costs on the legal process by undermining the general transition from a power-based to a rules-based system of international relations,…
…arbitration conducted under the ICC Rules with its seat in Geneva. One of the co-respondents in the arbitration, a Polish company, informed the tribunal that insolvency proceedings had been opened…
…§ 5, Article 43 § 3) of the Swiss Rules, Article 27 § 4 of the AAA Rules, article 34 of the ICDR rules, Article 30 § 3 of the…
…counterclaim submitted with the rejoinder based on Article 20 Swiss Rules. The Swiss Rules do not contain a provision as we find in Article 19 (3) of the UNCITRAL Rules.Respondent…
…“Administered Rules”). In a press release in January 2009, the HKIAC announced that it had already received cases under the Administered Rules. The Administered Rules supersede the old HKIAC Procedures…
…name disputes and e-commerce disputes etc. using online dispute resolution methods. In general, the Online Rules are an abbreviated version of the “main” CIETAC Arbitration Rules (the “Main Rules”), and…
…the rules, however, adopt a purely subjective requirement, leaving the arbitrator to decide the circumstances to be disclosed, while others, like the ICDR Rules, provide for an objective test, with…
…award and join third parties be conciliated with the Rules? Should the Rules be amended to include a joinder provision? Such a joinder provision exists in the Swiss Rules. In…
…flexible in allowing non-parties to make written submissions as amici curiae. This trend is already reflected in certain arbitral rules. Under ICSID Rule 37(2), for example, third parties may be…