…wording of clause 20.3 is such that these General Conditions will not apply. This is unfortunate as they contain extremely useful procedural rules as well as dealing with the level…
…action that would prevent, or refrain from taking action that is likely to cause, current or imminent harm or prejudice to the arbitral process itself” and to • “preserve evidence…
…to (i) analyze the evidence presented by the parties, (ii) state reasons on which it based its decision and (iii) denied the State the opportunity to express its opinion about…
…parties to obtain interim relief before a case is referred to the arbitral tribunal. The main purpose of EA is to protect assets and evidence that might otherwise be altered…
…arbitration the rules of the centres typically regulate this matter (and therefore the parties agree with the fees before the constitution of the arbitral tribunal). In Portugal, business players are…
…provide for alternative dispute resolution mechanisms, usually through international arbitration, and in particular arbitration at ICSID or ad hoc proceedings under the rules of UNCITRAL or other international arbitration centers….
…Rules, however, the ICDR Rules do not provide a cap for the hourly rate. Also, the determination of the rate under the ICDR Rules is made after the constitution of…
…that it was unlikely that the awards would be honoured, the winding-up petition was, at best, speculative. Taking into account Insigma’s failure to honour the awards, the judge departed from…
…York. The International Bar Association’s Rules on the Taking of Evidence in International Arbitration 2010 (the IBA Rules) are often used as guidance or adopted in arbitral proceedings with respect…
…1 April 2014, and are incorporated into the 2013 UNCITRAL Arbitration Rules by Article 1(4) of those Rules. The Transparency Rules provide for increased transparency in investor-State proceedings conducted under…
…there is an Advisory Committee on the Federal Rules of Civil Procedure that works tirelessly to implement procedural improvements into the court system. It is also why entities—such as the…
…tribunal, having likely not considered in detail the evidence on the delays to the disputed project, would have any significant recollection of the evidence. He commented on the delays between…
…also LCIA Rules (1998), Article 18.1. Compare UNCITRAL Rules (2010), Article 5; ICDR Rules (2014), Article 12; Swiss Rules (2012), Article 15.6; WIPO Rules (2014), Article 13(a); ICC Rules (2012),…
…from taking into account temporal variations of the meaning of the terms of a treaty. The question as to whether one should interpret a term of a treaty in accordance…
…authorities of the institution. However, the time will tell whether these guarantees are operative in practice. The KRIB Rules of Arbitration are very similar to the ICC Rules 2012. This…
…the price) were settled and, on the basis of the evidence in the case, the court found that an oral main agreement had been concluded between the parties. However, in…
…(3) the term ‘public interest of the Mainland’ was not equivalent to mandatory rules in the Mainland; it should be interpreted only as referring to the basic legal system of…
…this BIT Arbitration is administered under the UNCITRAL Rules. The Port Trust commenced proceedings under Section 45 of the Act before the Calcutta High Court seeking an injunction against LDA,…
…UNCITRAL Arbitration Rules, providing an expert, efficient and enforceable means of resolving commercial disputes when nationals from contracting states had not agreed upon an alternative means of dispute resolution. Awards…
…Nuclear Corporation (CNNC), which is owned by the Chinese government. The dispute The ad hoc arbitral tribunal (Tribunal), which had been constituted under the UNCITRAL Arbitration Rules, held that the…
…jurisdiction or failure to observe the rules of natural justice. By virtue of section 22(1) of the Act, the Domestic Commercial Arbitration Rules of Procedure of the BCICAC apply to…
…Netherlands and the Slovak Republic, the claimant initiated arbitral proceedings on 1 October 2008 pursuant to the UNCITRAL Arbitration Rules. The parties designated the Permanent Court of Arbitration in The…
…Rules or the ICC Rules without specifying which edition of the rules, this reference is generally interpreted as a presumption for the rules in force at the time of request…
…focus of this post. ↑3 (2012) 1 SAA 97. ↑4 2012 Swiss Rules, Article 42.2(b)-(c). ↑5 2013 HKIAC Rules, Article 41.2(b). ↑6 2014 ICDR Rules, International Expedited Procedure, Article E-6….
