…under the MCIA Rules. Shifting gears, Ms. Chinoy discussed the challenges of mediating disputes with states and state-owned entities, given their fact and evidence-intensive nature. She praised the new Indian…
…arbitration seated in Singapore and conducted pursuant to the Singapore International Arbitration Centre Rules. TL’s Terms of Use also stated that there shall be no authority for any claims to…
…bench decision issued on 13 December 2023 reversed this finding and held that unstamped or inadequately stamped agreements, while being inadmissible in evidence until stamp duty is paid, do not…
…money to New Alternative Oak. The original contract (to which New Alternative Oak was not a party) included an arbitration clause providing for the application of ICDR arbitration rules, but…
…the original summons had not been served on Malaysia in accordance with Spanish rules governing proceedings against States. As service of the summons was a nullity, so too were all…
…such arbitration proceedings, the DIAC will apply the rules of procedure of the DIAC, including the tables of fees and costs, through the DIAC’s own case management systems, unless otherwise…
…uploading ‘analogue’ submissions in the form of statements of case, memorials, witness and expert evidence and documentary evidence. This is definitely a step in the right direction but like much…
…consider counterclaims in the context of climate change. Although ICSID (Rule 48, 2022) and UNCITRAL (Article 21, 2013) Rules permit counterclaims under certain circumstances, the tribunal’s jurisdiction is arguably limited…
…of the American Arbitration Association (AAA) Commercial Arbitration Rules is clear and unmistakable evidence of delegation of this issue to the arbitrators. It thus rejected the objection of Cypress Semiconductor…
…rules of arbitral institutions cited in the decisions – and an Index by Subject Matter. Also, in concluding the Yearbook’s publication of awards, the 2023 volume includes a Compendium of…
…enlighten the dispute or evidence), and hence should be included in the legal proceedings, but this third party is not bound by the arbitration agreement? Would that mean that the…
…Justice and Legal Affairs, held in Accra, Ghana, in January 2023. The Investment Protocol calls for adopting an Annex dedicated to rules and procedures for dispute management and resolution between…
…their peers. A popular way of doings so is promulgating an innovative set of arbitration rules. The 2023 SCCA Arbitration Rules (commented on in a previous blog post) increased the…
…for International Commercial Arbitration (CRCICA) Rules 2024 which came into effect on 15 January 2024. These rules replace the previous CRCICA Arbitration Rules 2011. The updated rules include modern features…
…and go beyond the literal meaning of the words taking into consideration the nature of the contract and commercial usage. The case shows that mediation is conceived as a non-coercive…
…AI-generated text and the training of AI tools with the Moot problem. A recent piece, analyzing the rules, foresees that the new rules “will be the first ‘real’ test of…
… What Kind of Evidence Should I Gather for an Assessment of Claims? Mr. Qureshi provided a practical overview of the challenges that companies affected by the war might encounter…
…deadline due to the taking of evidence saved the arbitration award from being annulled (see the wording of the arbitration agreement in the decision of the Corte di cassazione of…
…‘operational debt’ as defined under the IBC; The existence of documentary evidence to establish that the operational debt is due and payable but has not been paid; and An undisputed…
…award rendered under the arbitration rules of the 1996 Arbitration Act of the United Kingdom, dismissing allegations of violation of Chilean public policy, based on the existence of parallel proceedings…
…it asks for specifically described evidence or testimony of identified individual and the evidentiary value of the intended evidence is not speculative. On the contrary, speculation about the potential to…
…principle be remedied through the constitution of a new tribunal (comp. Rule 74(1) of the ICSID Arbitration Rules). On a more fundamental level, the Advocate-General argued that the principle of…
…the document. Similar to the 2011 Rules, the 2024 Rules continue to be loosely based on the UNCITRAL Arbitration Rules, as revised in 2010 (amended in 2013 and 2021), which…
…covered shifts within arbitration-related laws and examined novelties in institutional rules, offering insights into the evolving landscape of international arbitration in East and Central Asia. In September 2023, the People’s…
