Emergency Arbitrators in Investment Treaty Disputes
…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…
Search Results for: iba rules on the taking of evidence
AQZ v ARA: Singapore High Court Upholds Award Made under SIAC Expedited Procedure
…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….
To Be or Not to Be: The Practical Implications of Choosing Foreign Arbitration for Purely Domestic Contracts
…be used, one which would have exclusive jurisdiction over domestic disputes without a foreign element. Importantly, under PRC law, property and evidence preservation orders by PRC courts are available only…
Constitutional Review of Arbitral Awards: Between Protectionism and Interventionism
…application of inappropriate ordinary rules and remedies against arbitration, creating a further constitutional challenge-regime through a constitutional action which was never intended to by applied against arbitration nor to pre-arbitral…
Arbitration clause, Dubai, Enforcement of an arbitration clause, Middle East, UAE, Unilateral Clauses
Unilateral Option to Arbitrate: Valid in the UAE?
…arbitration shall be resolved in accordance with the rules of the DIFC-LCIA Arbitration Centre (the “Rules”) which are deemed to be incorporated by reference into this Clause. The tribunal shall…
Mass Claims in Investment Arbitration- The Need of the Hour
…arises which is not covered by this Section or the Arbitration Rules or any rules agreed by the parties, the Tribunal shall decide the question”. In the case of Abaclat…
Arbitration Clauses Incorporated by Reference: An Overview of the Pragmatic Approach Developed by European Courts
…much extensive to admit even incorporation by general reference; and, on the other hand, being a qualified commercial operator the defendant was supposed to know the standard rules referred to…
Arbitration, Arbitration Institutions and Rules, ASEAN, Asia-Pacific, Expedited arbitration, International arbitration, Singapore International Arbitration Centre, Statistics
SIAC Announces a New President and Releases its 2014 Results
…enhance SIAC’s standing as a preferred forum for investment disputes, the SIAC Rules 2013, which were introduced in April 2013, specifically provide that a party may commence an arbitration in…
BIT, CETA, Germany, Investment, Investment agreements, Investment protection, Investor, Transatlantic Trade and Investment Partnership
A Question of Democracy: The German Debate on International Investment Law.
…question. The Need for Democratic Endorsement of Investment Rules Whether Canada and the EU can live with the CETA investment chapter both in respect of their defensive and offensive interests…
Dispute Boards as Pre-Arbitration Tools: Recent Developments and Practical Considerations
…development as the CIArb in producing its rules; demonstrated the growing usage and need for tailoring the rules according to demand. The most significant aspect of the recent rules is…
The Challenge of the Yukos Award: an Award Written by Someone Else – a Violation of the Tribunal’s Mandate?
…Oil Company (“Yukos”). As already well known, the Tribunal unanimously decided that the Russian Federation had breached Article 13(1) of the Energy Charter Treaty by taking measures having an effect…
The New Dutch Arbitration Act 2015
The views expressed in this article are those of the authors alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the authors’ law firm. 1….
Effects of Settlements in Investor-State arbitration
…evidence that the claimant’s rights under the BIT were transferred to the local company to take action in his own name, the claimant retained his standing to bring claims with…
Looking behind the Statistics for Investment Arbitration
…Convention and Additional Facility (AF) Rules. Of these: 54% (some 260 cases) involved a claimant that was from an EU Member State; and 12% (55 cases) involved a respondent State…
Arbitration Agreement the New Zealand Way
…evidence that an arbitration agreement under the 1996 Act encompassed more than just the formal submission of the dispute to an arbitral tribunal. Furthermore, several procedural rules in Schedule 1…
Review of Class, Mass, and Collective Arbitration in National and International Law, by S.I. Strong
…Against this backdrop, she queries whether group arbitration can arise only in countries that allow group litigation in national courts – taking the view, in persuasive terms, that the development…
Arbitration in Kuwait: Time for Reform?
…Convention and are able to position themselves as the most attractive venue for arbitrations. Moreover, the modernization of domestic arbitration laws is evidence that Gulf States have taken their pro-arbitration…
What is an Arbitration, and Does it Really Matter? (An Australian Perspective)
…“arbitral” rules. The decision thus indicates that tribunals operating under certain rules are more likely than others to meet the definition of “arbitral tribunals” for the purposes of the Act….
CIETAC’s New Arbitration Rules 2015
…1 January 2015. These replace CIETAC’s 2012 Rules (the 2012 Rules). The 2015 Rules introduce procedural innovations adopted in past years by bodies such as the Hong Kong International Arbitration…
Appeal, Arbitration Agreements, Burden of proof, Court of Arbitration for Sport, Domestic Courts, European Union, Germany
Sports Arbitration – Bremen Court of Appeals Grants Access to Courts, Finds FIFA Compensation Rules Illegal
…Plate and Atlético Excursionistas, two clubs from Buenos Aires where Sergio Sagarzazu had played as a youth, claimed EUR 160,000 in total in training compensation under FIFA’s rules. When SV…
Introducing Litigating International Investment Disputes – A Practitioner’s Guide
…next by Rahim Moloo, including general procedures relating to evidence discovery and presentation and unique issues related to investment disputes (such as obtaining evidence, evidentiary issues related to corruption and…
BIT, Foreign Investment Law, Human Rights, ICSID Arbitration, International arbitration, Investment Arbitration, Investment protection, State Responsibility for Damage, Transatlantic Trade and Investment Partnership, Treaty Interpretation, UK
Domestic Public Law: a Useful Critique for Understanding and Developing Investment Treaty Arbitration?
…chapters in TTIP, the TPP and CETA, as well as the UNCITRAL Transparency Rules 2013 – already go a long way to addressing such issues. The balance of rights in…
Security for Costs in ICSID Arbitration
…security, if there is evidence that the claimant is insolvent. (para. 88) The request failed because the respondent made no showing of such a risk. In Libananco, the tribunal joined…
A Recent Survey of Experienced U.S. Arbitrators Highlights Areas for Further International Study and Discussion
…arbitrators have extensive experience with tripartite arbitration, streamlined or fast-track processes, ad hoc arbitration, and arbitration under non-administered rules, and some have arbitrated under final-offer, appellate, and emergency procedures. Some…