New Procedures for HKIAC Administered UNCITRAL Arbitration
…of additional rules such as the IBA Rules on the Taking of Evidence in International Arbitration to govern the procedure. This process reflects the fact that arbitration is a ‘creature…
Search Results for: iba rules on the taking of evidence
The Compensation Standard for FET Breaches: The Far Limits of Legal Analogy
…its high level. However, when taking into consideration the high number of cases alleging non-expropriatory breaches of international law, it still proves difficult to conceptualize the type of compensation owed…
Arbitration, Arbitration Institutions and Rules, DIFC, Dubai, Middle East, Uncategorized, United Arab Emirates
Ruler appoints new Chairman of DIAC Board of Trustees
…Al Mulla will face a number of challenges that require immediate attention: Apart from the long-overdue revision of the DIAC Rules, Dr. Al Mulla will have to appoint a new…
Arbitrators, IBA Guidelines on Conflicts of Interest, Secretary of the Arbitral Tribunal, Third party funding
A Guide to the IBA’s Revised Guidelines on Conflicts of Interest
The IBA recently revised its Guidelines on Conflicts of Interest in International Arbitration. This was the culmination of a review by the IBA Arbitration Committee, which began in 2012. The…
BIT, Energy Charter Treaty, European Commission, European Law, European Union, ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, ISDS
EU Law and Investment Law: Two Worlds Apart?
…on the basis of the usual instruments of treaty interpretation and rules of conflicts. The same tension was also central to the third panel which looked at the extra-EU issues….
More Than a Friend of the Court: The Evolving Role of the European Commission in Investor-State Arbitration
…Investment Arbitration?, LPICT, Volume 5, 2006, Issue 2, pp. 257-271). Only time will evidence whether the EC maintains its increasingly active presence as a non-disputing party and the effect of…
Amendments to the Internal Rules of the Brazilian Superior Tribunal of Justice on Recognition of Foreign Awards
…its internal rules (“Internal Rules”) to modify, among others, the provisions on recognition of awards. Resolution 9/2005 was revoked and its articles were transferred, with some modifications, to the Internal…
Investment, Investment Arbitration, Investment protection, Investor, Transatlantic Trade and Investment Partnership
“Investment Arbitration Is Now On Broadway, And The Critics Are Not Being Kind”
…public disputes. Initiatives like the recent UNCITRAL Rules on Transparency in Treaty-based Investment Arbitration and the brand new UN Convention on Transparency in Treaty-based Investment Arbitration are making great strides…
The Most Recent Decision in the Pechstein Saga: Red Flag for Sports Arbitration?
…the decision C-519/04 Meca-Medina of the European Court of Justice (ECJ) has established that sporting rules, including anti-doping rules, are not per se shielded from competition law. However, an assessment…
Arbitrator Intelligence: The Pilot Project and Beyond
…local rules precluding public access to court files. Also, in some places (such as New Zealand), the parties must give explicit consent before an award may be released. At the…
The CIETAC Feud: Big Brother Is Watching – But Is It Also Settling The Fight?
The split between CIETAC headquarters in Beijing and its two former Shanghai and Shenzhen sub-commissions following the adoption of CIETAC’s 2012 Arbitration Rules has remained in the spotlight. The feud…
Inoperability of Arbitration Agreements due to Lack of Funds? Revisiting Legal Aid in International Arbitration
…is envisaged, for example, by the model arbitration clauses for trusts and foundations under the 2012 Rules of Arbitration of Liechtenstein (available at ). Where institutional rules provide for a…
New arbitration rules for the Victorian Supreme Court – another step in the State’s commitment to international commercial arbitration
…Arbitration Amendment) Rules 2014. These Arbitration Rules came into operation on 1 December 2014. The Arbitration Rules set out the procedure for both domestic and international arbitration (although the focus…
Appointment of arbitrators, Arbitrators, India, Singapore, Singapore International Arbitration Centre
Indian Supreme Court Declines to Intervene in International Arbitration with SIAC Appointing Authority
…30.2 further provided that “[i]n case the Parties are not able to arrive at such an arbitrator, the arbitrator shall be appointed in accordance with the rules of the Singapore…
The Singapore International Commercial Court: Friend or Foe to International Arbitration in Singapore?
…addition, the SICC is not bound by the domestic rules of evidence at all and may apply other rules of evidence whether they are found in a foreign law or…
The jurisdictional limits of enforcing an arbitral award: Commercial Court finds no jurisdiction to impose worldwide freezing order against third parties outside England and Wales in support of an arbitration claim
…the English courts. However, as Males J noted in Cruz, even where there is compelling evidence that subsidiary companies are for all practical purposes controlled by the parent company (Unitech,…
Fees of the Successfully Challenged Arbitrator?
…successful challenge and frustrated costs. An exception to this rules exists if the arbitrator refuses to render an award at all. (Judgment of the Austrian Supreme Court, 6 June 2005…
New Indian Model BIT on the Anvil
India lost its first Investment Treaty Arbitration (ITA) claim in 2012 against White Industries, an Australian company. Taking a cue from the White Industries case, (read more on it here)…
International Arbitration in the Americas: An Agent of Change?
…order—to force one another to think critically about planning the case—and to prepare detailed memorials to help the arbitrators to understand the evidence. Panelists also agreed that oral argument plays…
A New Dawn for Mediation? The Launch of the Singapore International Mediation Centre (SIMC) and Introduction of the SIAC-SIMC Arb-Med-Arb Protocol
…mediation at SIMC. The SIMC will then fix a date for the commencement of mediation at SIMC (“Mediation Commencement Date”), which will be conducted under the SIMC Mediation Rules. Unless…
The Witness Statement as Disclosure
…Rules on the Taking of Evidence also enshrines the principle that: “The taking of evidence shall be conducted on the principles that each Party shall act in good faith and…
The Singapore Approach to Scrutiny of Arbitral Awards
…pleadings, evidence, submissions, and transcripts of the hearing to determine whether the tribunal breached the rules of natural justice. Therefore, the standard of review that the Singapore courts may adopt…
ICSID Arbitration, ICSID Convention, International Court of Justice, Investment Arbitration, Precedent, Vienna Convention on the Law of Treaties
Previous Decisions in Investment Arbitration
…of the International Court of Justice, judicial decisions are classified “as subsidiary means for the determination of rules of law”, but not for the interpretation of rules of law. Article…
Signatory Compelled to Arbitrate Against Non-Signatory: US District Court Influenced by Investment Treaty Jurisprudence
…agreement and reference to the ICC Rules had delegated questions of arbitrability to the tribunal by virtue of Article 6 of the ICC Rules 2012 (applying Shaw Grp. Inc. v….