Arbitration of Cross-Border M&A Disputes
…arbitration by selecting suitable arbitration rules, such as the 2013 HKIAC Administered Arbitration Rules (the HKIAC Rules), as the applicable procedural rules and Hong Kong as the seat of arbitration….
Search Results for: iba rules on the taking of evidence
The Hidden Amiable Compositeur
…application of legal rules, is generally referred to as an amiable compositeur or as deciding ex aequo et bono (even though these notions are not completely synonymous, the terms will…
Appointing the Dispute Board – Why It Differs from Arbitration Appointments
…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…
Arbitrability, Arbitral Award, Arbitration clause, Consumer contracts, Interim Orders, Public Policy, Set aside an arbitral award, Slovakia
The New Slovak Arbitration Act Applicable From January 2015: Has It Progressed Sufficiently?
…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…
From Iura Novit Curia to Zeno’s Paradox of Motion
…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…
Indirect Enforceability of Emergency Arbitrator’s Orders
…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…
State Courts’ Decisions on Reduction of Arbitrators’ Fees: Comparing Apples to Apples or Apples to Oranges?
…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…
Egypt: New Investment Law – ADR for Investor-State Disputes
…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….
Are All Institutional Rules Now Basically The Same?
…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…
Post-Chinese New Year Review of 2014 Arbitration Developments in Hong Kong
…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…
The Use of Arbitration for Derivative Contracts
…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…
Ad hoc arbitration, Transparency, Transparency in investment arbitrations, Treaty, UNCITRAL Arbitration Rules, UNCITRAL Rules on Transparency, UNCITRAL Transparency Rules
A Step toward Greater Transparency: The UN Transparency Convention
…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…
Conflating Politics and Development?
…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…
English Courts Set Aside Award on Grounds of Serious Irregularity under Section 68 of the Arbitration Act 1996
…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…
IBA Guidelines on Party Representation, LCIA Arbitration, LCIA Guidelines for Parties' Legal Representatives
Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
…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),…
Evolving Meaning: The Interpretation of Investment Treaties and Temporal Variations
…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…
New Arbitration Center in Bulgaria
…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…
Bound by Oral Arbitration Agreement. Failing to Object During Negotiations
…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…
Chinese Court Enforces HKIAC Awards Despite Alleged Violations of PRC Regulations
…(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…
Anti-arbitration, Arbitration Agreements, Asia-Pacific, BIT, Consent, Courts, ILC Articles on State Responsibility, India, International arbitration, Investment Arbitration, UNCITRAL, UNCITRAL Arbitration Rules
Indian Courts’ First Brush with Investment Treaty Arbitration: Taking Some Lessons from the Calcutta High Court
…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,…
Model Bilateral Arbitration Treaty Released for Public Comment
…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…
Mongolia’s Meddling in Mining Operations will Cost it $100 Million
…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…
Do Arbitrators Have A Special Duty Towards Unrepresented Parties?
…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…
Investment Arbitration and Legal Protection Under European Law – Frankfurt Court Strengthens the Efficiency of Arbitration Agreements
…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…