…Rules, Article 43.1 of the DIS Rules and Article 73 of the WIPO Rules) or applicable law (e.g. English, New Zealand, Singaporean and Spanish law). Further, depending upon the scope…
…require the parties to, very few have an all-encompassing, mandatory confidentiality provision; Although, the LCIA does appear to have such a clause (see LCIA Arbitration Rules Clause 30). Also note…
…insist on holding more arbitrations in Korea. The remaining chapters of the book cover all the areas one would expect: arbitration agreements, arbitral tribunals, arbitration procedures under the rules of…
A recent administrative event in Delhi may have profound implications for the ongoing rivalry between Singapore and Hong Kong as Asia’s arbitration hubs of choice. On 19 March 2012 India…
…some extent, the new CIETAC Rules mirror the provisions of the recently revised ICC Rules, which also contain detailed provisions on consolidation. Under both sets of rules, for example, consolidation…
As many of you know, I am the General Editor of the ITA Arbitration Report of KluwerArbitration.com database, the primary online research portal for international arbitration practitioners. On behalf of…
…SIAC Rules. There is no corresponding provision in the AO. V. Other Differences It is also interesting to note various areas that the Singapore Ministry of Law has sought public…
Last week I had the good fortune to attend a reception in Washington D.C. with various arbitration luminaries announcing the inauguration of the Jerusalem Arbitration Center. With almost $5 billion…
The Rules, Practice, and Jurisprudence of International Courts and Tribunals (Martinus Nijhoff Publishers, 2012) has just shipped. I am the (proud) editor and a contributor of the book and am…
…a procedure for enforcing rights that is found in the Federal Rules of Civil Procedure, (ii) is not expressly mentioned by the NLRA, and (iii) depends on the inherent discretion…
…State of North Carolina by means of arbitration. In bringing its motion, the respondents relied upon Rule 21.01(3)(a) of the Ontario Rules of Civil Procedure in which a defendant may…
…matter leads to the imposition of an English seat under the LCIA Rules, (Article 16.1 LCIA Rules) or, perhaps less commonly, under the ICC Rules. (Article 18 ICC Rules (in…
…the NAI rules, but had not yet been codified in Dutch arbitration law. Other suggested changes of the proposal relate to the possibility for a party to request the assistance…
International arbitration has long played an important role in resolving disputes that arise out of political and economic crises. “Arbitration in Times of Crisis” is the theme of the 9th…
…• Organising arbitral proceedings: How procedural meetings are convened, the use of the IBA Rules on the Taking of Evidence in International Arbitration, experiences and expectations regarding the role of…
…if the adjudicator ultimately rules in the defendant’s favor and awards costs against the impecunious claimant. The concerns highlighted by the ILR and EJF center on litigation, but recent debates…
…refers to U.K. ethics rules for solicitors and barristers that have specific regulations on fee sharing and referrals. It is unclear, however, whether and how this provision of the Code…
…its new Organizational Rules article 11(2). Following the appointment of Bogdan Olteanu as the new president of CCIR’s Court of Arbitration, CCIR modified its organizational rules in mid-January 2012 so…
The HKIAC has launched a consultation process to consider modifications to its Administered Arbitration Rules, which came into force on 1 September 2008 (the “Rules”). Users of the Rules have…
…inhibit or prevent a national competition authority from investigating any alleged violation of competition rules. In our view, it is very unlikely that arbitration arrangements will deter those involved in…
…decided not to include a general duty of confidentiality. Under the new rules, an arbitral tribunal may make orders to enforce confidentiality obligations (art. 22(3) ICC Rules 2012), but the…
…players. However, on the basis of its internal rules, the Committee declined jurisdiction on the grounds that the agent was a legal person and not a natural person. The agent…
…Case.” The tribunal was at pains to emphasize the interim award was final and binding under Article 32 of the UNCITRAL Rules, which means that Chevron could pursue recognition and…
…where parties elect to apply institutional rules such as those of the ICC or the LCIA, whose articles 34(6) and 26.9 respectively provide for a waiver of a right to…
