A Bid for Strong Arbitrators
…attempts to obstruct or delay. At the same time, an exponential increase in rules, case law, and soft law may present confusing and diverging answers as to which powers an…
Search Results for: iba rules on the taking of evidence
Representative Claims in Arbitration: Lessons From Lloyd’s
…Salvage and Arbitration Clauses (LSSA) and procedural rules. A recent change to the LSSA has opened the door to the use of representative mechanisms in maritime arbitration, thereby adding to…
Compulsory consent in Sports Arbitration: Essential or Auxiliary
…in most jurisdictions, favouring the existence of a valid arbitration agreement despite evidence to the contrary, has led to even mandatory arbitration clauses being deemed functional. This was observed by…
Comments on Lord Chief Justice Thomas’ 2016 Bailii Lecture which promotes a greater role for the courts in international arbitration
…Courts and Arbitration”. In it he claims that arbitration is hindering the development of the common law by taking cases away from national courts and allowing commercial claims to be…
Flash, Flash! Hundred Yard Dash: Limitation Defence in the Russian Arbitration Practice
…end, while some foreign rules allow combining the formal request for arbitration and the statement of claim (Art. 16 of the 2013 HKIAC Rules), the distinction between them is actually…
Arbitrating Chinese Disputes Abroad: A Changing Tide?
…two-track approach, applying different rules to domestic arbitrations and “foreign” or “international” arbitrations. This is consistent with the New York Convention and most national arbitration legislation. See Gary B. Born,…
CETA, EU-Vietnam Free Trade Agreement, ISDS, Trans-Pacific Partnership, Transatlantic Trade and Investment Partnership
The European Union Commission Proposal for the Creation of an “Investment Court System”: The Q and A that the Commission Won’t Be Issuing
…proposal as well as the other two agreements demonstrates that the system relies on existing arbitration rules (including those of ICSID and UNCITRAL), and is still ad hoc, in the…
Arbitration and European Account Preservation Order
…Regulation No. 655/2014 compels the creditor to apply before the court (supposedly) having jurisdiction “to rule on the substance of the matter in accordance with the relevant rules of jurisdiction…
Arbitral Award, Arbitration Agreements, European Convention on Human Rights, European Court of Human Rights, Switzerland
ECtHR: Waiver of Recourse Against International Arbitral Award Not Incompatible with ECHR
…clause according to which disputes were to be settled by an arbitral tribunal composed of three members, in accordance with the ICC Rules. The seat of the arbitration was to…
HKIAC Practice Note on Consolidation: The Latest Step Towards Successfully Managing Complex Disputes
…ICC Rules and Art. 22.1(x) of the LCIA Rules). This is not a requirement under Art. 28 of the HKIAC Rules, which permits consolidation of arbitrations involving different parties, even…
A European Perspective on the Arbitration of Patent Disputes
Arbitration of patent disputes in the United States is on the rise. While, perhaps, somewhat behind the U.S. in that respect, the evidence is that this pattern is being paralleled…
The liability of arbitrators in the UAE: Quod novi sub sole?
…Court of Cassation placed unreserved reliance on Art. 24 of the DIAC Statue Rules read together with Art. 40 of the DIAC Rules, concluding in the following terms: “[on the…
The “Additional Weapon”: Practical Tips for Effective Expert Conferencing in Arbitration
…IBA Rules on Taking of Evidence in International Commercial Arbitration expressly places expert conferencing on the menu, while providing some detail on what this entails: it states that the Tribunal,…
Singapore Court of Appeal: Prima Facie Standard for Stay in Favour of Arbitration and Arbitrability of Minority Oppression Claims
…procedure under the Singapore International Arbitration Centre’s arbitration rules being employed. Commentary The prima facie approach First, the SGCA’s endorsement of the “prima facie” standard of review is noteworthy, particularly…
Appeal, Arbitral Tribunal, Investment Arbitration, ISDS, Transatlantic Trade and Investment Partnership
Fit for purpose? The EU’s Investment Court System
…court-like system with an appeal mechanism based on clearly defined rules, with qualified judges and transparent proceedings. A previous Arbitral Women blog post (December 2015) outlined the main innovative features…
The Recent Settlement at the Iran-United States Claims Tribunal: Historical Context, Implications, and the Future – Part II
…for 35 years) arise. Such a long passage of time would also exacerbate issues which the Tribunal may already be facing. With the effluence of time, evidence is lost or…
India’s revised Model BIT: Every bit worth it!
…choice to refer to arbitration under (i) the ICSID Convention, (ii) the Additional Facility Rules of ICSID or (iii) the UNCITRAL Arbitration Rules. The revised Model BIT contains the usual…
The Recent Settlement at the Iran-United States Claims Tribunal: Historical Context, Implications, and the Future – Part I
…interesting aspects of this interlocutory award is the Tribunal’s consideration of the interplay between the Tribunal’s procedural rules (modified UNCITRAL arbitration rules) and the CSD. The US argued that the…
The Contents of Journal of International Arbitration, Volume 33, Issue 1, 2016
…investor-state dispute settlement (‘ISDS’). It concludes that most of that criticism is neither supported by statistical evidence nor by the practice of international arbitration. Consequently, this article cautions against the…
Unfinished business and the arbitration practice – how close are we?
…avail themselves of these options carry any stigma? Are they taking themselves out of the running for partnership? As such, Slaughter makes a powerful argument that flexibility “cannot be the…
First Argentine Court Judgment on the Recognition of an ICSID Award
…principles. Note that, if no treaty applies, Argentine courts must recognize and enforce the award in accordance with the requirements set down by the domestic rules of procedure. If a…
The ICC’s Guidance Note on Disclosure and Third-Party Funding: A Step in the Right Direction
…a party for the award.” This definition of TPF tracks, word for word, the definition of TPF found at General Standard 7a of the IBA’s 2014 Guidelines on Conflicts of…
Amicus Curiae, Investment Arbitration, SIAC, Singapore, Singapore International Arbitration Centre, Third party funding
A Brief Overview of the Draft SIAC Investment Arbitration Rules 2016
…on 27 May 2016. The draft SIAC IA Rules are a unique hybrid of modern commercial arbitration rules and specialist investment arbitration rules (e.g. the ICSID Rules). As discussed below,…
Mackenzie-Stuart Lecture 2016: Investment Arbitration and EU Law – Juliane Kokott
…the EC. The arbitration community views this issue through the lens of public international law and addresses the conflict by resorting to the conflict rules of the Vienna Convention on…