…by the Plaintiff was that the arbitral tribunal relied on a “non-existent” piece of evidence, while not taking into account evidence submitted by the Plaintiff. The former was solely “a…
…Agreement was terminated. He rejected Genentech’s arguments that this breach European anti-trust rules. 1.4 Genentech’s anti-trust case to set aside/annul the Arbitral Award Genentech challenged the Third Partial Award and…
…possible ethics regulators, including arbitration associations, and panelists very briefly engaged the question of the institutional incentives to adopt effective ethics rules. Ethics rules can cover a variety of topics,…
…the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings.” Notwithstanding the parties’ broad freedom to select the procedural rules,…
…the evidence proffered by a party, an arbitrator must give each of the parties to the dispute an adequate opportunity to present its evidence and argument.” The court found that…
…rules and administering arbitrations), as a multi-national court that is the final expositor of OHADA law, and as the authority competent to annul arbitral awards rendered pursuant to CCJA rules….
…arbitration itself, and therefore it makes completely no sense to have its rules integrated with the rules of regular procedures. To summarise, all the issues highlighted – even taken as…
…An advantage for specialized arbitration institutions is also to provide better suited – for sector-specific – rules of arbitration proceedings. It should be noted, however, that amendments in arbitration rules,…
In a recent enforcement action of a foreign arbitral award rendered under the ICC Rules in London, England, the Dubai Court of Appeal questioned the United Kingdom’s proper membership of…
…with the DIAC Rules. The Claimant claimed that the Respondent failed to perform its contractual obligations and initiated arbitration proceedings pursuant to the DIAC Rules. In finding for the Claimant,…
…Article 5(1) ADR Rules, i.e. to discuss the specific ADR procedure to be followed. Article 6(1)(b) of the ADR Rules provides that the ADR proceedings shall terminate, inter alia, by…
…the logical implications of the agreement. For example, it is logical that the rules of Natural Law should apply. Hardly any of us would expect to decide between two Parties…
…arbitrators’ discretion. The 2014 IBA Guidelines for Conflicts of Interest were the first rules specifically addressing TPF, but they are only soft law and there is no reported practice on…
…as the taking of evidence had been completed in the case, there was only a limited possibility that the criminal proceedings and investigation could have affected the procedural integrity of…
…(2) simplified evidence charts that set out the arguments and supporting evidence relied on by the applicant, the respondent or both; and (3) cause and effect diagrams that facilitate the…
…of evidence and settlement, which aligns as closely as possible with the party’s view on how the arbitration should be conducted. Yet, there is a dearth of available information as…
…any grounds for refusal to enforce exist (BAA, Articles 38 and 39). Articles 216-C and 216-D of STJ’s Amendment to its Internal Rules No.18/2014 lay out the procedural requirements for…
…arbitral process. Moreover, the procedural rules of the BiH Court, though drafted with the best of intentions, require substantial updating to bring them into line with modern arbitration rules, such…
…intervention. Third, admissibility of evidence refers to the material which may be put before the Court. Mr Thomas QC explained that generally tribunals admit most evidence but distinguish evidence of…
…uncertain, then reliance falls on the general rules of jurisdiction provided by Article 5(1) of the Judicial Authority Law. Importantly, it must be determined whether the parties intended to refer…
…an early phase of the arbitration. Moreover, a number of recent revisions to arbitration rules make specific reference to preliminary determinations. For example, the 2010 International Bar Association (“IBA”) Rules…
…of evidence, the possible intimidation of witnesses or other effects which would impede the procedural progress of the arbitration. Rather, Claimants say the Complaints and the criminal investigation, together with…
A tribunal in an investor-state arbitration under the SCC rules issued an award on 21 January 2016, in Charanne B.V, & Construction Investments S.A.R.L vs The Kingdom of Spain, the…
…Arbitration Association. In the absence of any uniform code of ethics governing counsel conduct in international arbitration, there has been a reliance on mandatory national rules. Such national rules, however,…
