Large Corporations and Investor-State Arbitration
…Large multinational corporations, with their long-term interests in host countries and stronger incentives to fight for the “rules of the game,” may not be dissuaded by such changes. The proposed…
Search Results for: prague rules
Interviews with Our Editors: In Conversation with Vu Anh Duong, Secretary General of the Vietnam International Arbitration Centre
…not only the VIAC’s Rules of Arbitration (2017) (“VIAC Rules”), but also Vietnam’s arbitration-related legislation. He also regularly lectures on commercial arbitration and sits as an arbitrator in both international…
Enforcement of Foreign Interim Measures in Italy: Is the Reformed Italian Arbitration Law a Game-Changer?
…procedure therefore follows the very same rules applicable to judicial interim orders granted by Italian judges. The only difference relates to the court competent to oversee enforcement procedures. For judicial…
Lone Star Award: Substance Over Form Doctrine under Double Tax Treaties and Their Interaction with IIAs
…relied on references from tax expert witnesses to the 2003 OECD Commentary to reach this finding. According to the Tribunal’s interpretation, the SOFD forms “part of the basic rules for…
Three Years of the Multi-Party Interim Appeal Arbitration Arrangement: An Interim Evaluation of Arbitration as a Means to Appeal WTO Panel Reports
…to resolve the current WTO dispute resolution mechanism crisis. The MPIA is based on Article 25 of the Understanding on rules and procedures governing the settlement of disputes (“DSU”). Among…
Appeal, Arbitration Procedure, Australia, Bifurcation of proceedings, Estoppel, Functus Officio, Interim Award, Set aside an arbitral award
Just What the Tribunal Ordered – Or Was It? Western Australia Court of Appeal Upholds Finding That UNCITRAL Tribunal Rendered Itself Functus Officio
…was conducted under the UNCITRAL Arbitration Rules and involved a contractual dispute between Chevron Australia Pty Ltd (“Chevron”) and a joint venture between CBI Constructors Pty Ltd and Kent Projects…
Green Light for Secretaries to Assist in Drafting Arbitral Awards so Long as Tribunals Call the Shots: Nothing New Under the Belgian Sun
…an annulment submitted by the claimant in an ICC arbitration (discussed in De Ly, Rules and Case Law on Tribunal Secretaries). The claimant alleged that the arbitrators had not devoted…
First ICC Arbitration Conference in the South of Brazil Marks a Milestone
…the functioning of the ICC Court and its Secretariat, highlighting the key innovations in the ICC Court and the ICC Arbitration Rules (“ICC Rules”). Mr. Gustavo Scheffer da Silveira (Partner,…
KluwerArbitration ITA Arbitration Report, Volume No. XXI, Issue No. 6 (June 2022)
…Civil Procedure No. 6100 (“CCP”) on the extension of the arbitration term is not a mandatory provision and, therefore, the parties are free to agree on the rules applicable to…
It’s No Secret(?) – Two Recent Singapore Cases on Confidentiality in the Context of International Arbitrations
…SIAC (SIAC Rules 2016, Rule 39.1); (2) HKIAC (2018 HKIAC Administered Rules, Article 45.4); and (3) LCIA (LCIA Arbitration Rules 2020, Article 30.2). This may become material when the seat…
Belgian Supreme Court Rules on Delegation of Tasks to Arbitral Secretaries
…intended to apply to arbitration proceedings. The Code contains a specific subset of rules in relation to arbitration (Part Six), as reminded by the supreme court. These rules are based…
Facing Latin America’s Leftward Shift: Implications and Recommendations
As Latin America welcomes left-leaning political regimes, the region’s regulatory landscape undertakes an increasingly uncertain state for foreign investors. In terms of cross-border investment dynamics, Latin America’s history has demonstrated…
Annulment, Arbitral seat, Due process, Party Representation, Powers of the tribunal, Public Policy, Seat of the arbitration, Set aside an arbitral award, Set aside an international arbitral award, VIAC, Vietnam
Vietnamese Court Sets Aside Arbitral Award for Failure to Legalize POA: An Abuse of Due Process Requirements
…not required to apply the rules of evidence of any applicable law in making such determination.”3)LCIA Arbitration Rules 2020, Article 22.1.(iv) also allows the Arbitral Tribunal to order any party…
Arbitration Tech Toolbox: Virtual & Mixed Reality Headsets and Immersive Experiences – Do We Need Them?
…current institutional rules nor the 2020 IBA Rules on the Taking of Evidence in International Arbitration (IBA Rules) restrict the use of XR per se. Generally, under national arbitration legislation…
The End Is Near: The European Commission’s Proposed Coordinated Withdrawal from the ECT
…refers to the withdrawal of the Union and does not mention the withdrawal by individual EU Member States, as that process would be subject to the applicable domestic rules. Therefore,…
The New RF CCI 2021 Rules on Impartiality and Independence of Arbitrators: A Precondition to Arbitral Justice in Russia
…of Commerce and Industry’s Rules on Impartiality and Independence of Arbitrators was adopted in 2010 (the “2010 Rules“). The Rules significantly contributed to establishing arbitration as a reliable way to…
Factual Witness Conferencing – Need for Another Hot Tub?
…especially when it comes to the preparation of fact witnesses for hot-tubbing. Third, while most institutional rules, such as Article 8.3(f) of International Bar Association Rules, are broad enough to…
The Contents of the ASA Bulletin, Volume 41, Issue 1 (March 2023)
…SCC Arbitration Rules 2023 The SCC Arbitration Institute has published revised versions of its Arbitration Rules which entered into force on 1 January 2023. Hanne AARSHEIM and David SANDBERG present…
Arbitration Tech Toolbox: ChatGPT – Arbitral Assistant or Fourth Arbitrator?
…Rules, art. 14.1) and recognise the tribunal’s power to “emplo[y] technology to enhance the efficiency and expeditious conduct of the arbitration” (LCIA Rules, art. 14.6(iii)), and to “adopt suitable procedures…
Playing Patch-Up: Intra-Corporate Arbitration Under the Philippines’ Revised Corporation Code
…speedy and judicious disposition of cases.14)MC 8, Sec. 24. The pertinent provisions of the ADR Act and its implementing rules and regulations, the SEC Rules of Procedure, and the Special…
Resolution of Video Games and eSports Disputes through WIPO ADR: A Game Changer
…inherently competitive, with clear rules and objectives that players must strive to achieve. They offer a level playing field where skill and strategy can triumph over luck or chance. Furthermore,…
Tel-Aviv Arbitration Week: Undefined, Borderless and Inevitable – Tech Disputes, Post-M&A Disputes and the Future of Arbitration
…include both institutional reforms (ICSID rules reform, UNCITRAL technical notes, and more) and grassroots research such as discussions with institutions, stakeholders, hi-tech companies’ general counsels and external counsels who expressed…
Tel Aviv Arbitration Week: UNCITRAL and Israel – Past Accomplishments and Future Partnerships and Opportunities
…Mediation, and the UN Convention on Contracts for the International Sale of Goods), prepares legislative guides, publishes rules for arbitration and mediation, and is currently working on two model laws….
Tel-Aviv Arbitration Week: Ethics – The Hidden Principle for International Arbitration Success and Development
…Rules and the Chartered Institute of Building Set of Rules which also have specific rules regarding integrity. He likewise related the difference between the US and UK in terms of…