…to carefully examine the evidence and analyze whether any of the above situations were relevant in the present case and justified the extension of the arbitration agreement to B3. Based…
…view, these precedents are wrong for two reasons: On the one hand, because they are contrary to what it says in Article 222 of Spain’s Civil Procedure Rules (Ley de…
…court or other authority specified in Article 6 to decide on the termination of the mandate. Unlike certain institutional rules (for e.g., Rule 12.2 of the SIAC Rules 2013 and…
…of arbitration rules, although this could also be helpful. The answer lies in the proper drafting of the arbitration agreement. But before looking at this particular issue, let us reflect…
…ICC DB Rules. In the USA ConsenusDocs also provides standard DB rules. Special DB Rules had to be drafted for the exceptional circumstances for which the Rio 2016 DBs are…
…Art. 23 of the Lugano Convention and instead the default jurisdictional rules should apply. The Paris Court of Appeal held that Art. 23 of the Lugano Convention should apply and…
…equality within the arbitral community. Taking place at the ICC, more than 75 participants, both women and men, attended the event, which was moderated by Sandrine Clavel and featured leading…
…taking into account the ‘Salini’ or ‘Salini like’ test, it will be more difficult to argue that investments in cryptocurrencies constitute a form of investment. The weakest point of cryptocurrencies,…
…taking place around the world has been initiated by the International Mediation Institute (IMI), a non-profit organization that does not itself provide any dispute resolution services, but promotes quality and…
…taking the Brussels I Regulation out of this equation is an endorsement of the primacy of, in particular, the New York Convention. Furthermore, although the judgment is, strictly speaking, about…
…(Article 212(6), civil Procedure Law). The award must provide a summary of the parties’ case and evidence. The award must be reasoned. The award must set out the place and…
…the Court of Appeal rules on a request for annulment of an arbitration award, it must analyze the nature of the decision rendered by the arbitral tribunal in order to…
…effectively agree that substantively relevant overriding mandatory rules – for instance, antitrust rules – be disregarded, when the purpose of such rules in fact requires that they be taken into…
…declaration that France and Spain were bound by the arbitration clause provided in the insurers’ rules and that the insurers were not liable under the underlying contract. The relief sought…
…claimant’s rights. The one instance procedure and the limited review of the arbitral award can also be regarded as a factor advancing the enforcement of the claimant’s rights. Taking into…
…court, which considers the case on the recognition and enforcement of the foreign arbitral award, evidence that the party against which the award is rendered was informed of the arbitral…
…The LCIA Rules, for example, give the arbitrators power to take the initiative and the IBA Evidence Rules encourage the tribunal to identify issues for preliminary determination. He also acknowledged…
…on the basis that it involves issues arising out of the sanctions. Although these rules may appear straightforward, businesses will find that the sanctions are challenging to analyze and address…
…that arbitration shall be conducted under the UNCITRAL Rules unless the disputing parties agree otherwise. This may be because India is not an ICSID signatory and it does not seem…
The nation states of Middle East and North Africa (MENA) have long been active participants in the world of international investment protection and arbitration. Pakistan was a signatory to one…
…recognize and enforce an award’s monetary obligation as if it were a final judgment in that state, subject only to domestic rules governing the immunity of sovereign property from execution….
…the rule of law, that is the content of the rule of law as well as the machinery used to administer it. Following and taking into account recently expressed views…
…role as an investigating authority. Under ICSID Rules (Rule 37), the Commission has frequently participated as a non-disputing party by submitting amicus curiae opinions. AES Summit v Hungary, Electrabel v…
…for Sport: Commentary, Cases and Materials”. The book comprehensively analyses the rules of the CAS Code within the more general context of international arbitration. Each provision is supplemented by relevant…
