…could be considered when ruling on evidence with respect to a jurisdictional challenge of an investment treaty award: • the procedural rules on evidence of the court in the seat…
…same work. The reality is the benefit of consistency and predictability across the system, for both substantive rules and the interpretive framework that defines those rules. A unique approach to…
…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…
…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…
…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…
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…
…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….
…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…
…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 Resolution 9/2005 was revoked and its articles were transferred, with some modifications, to the Internal…
…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 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…
…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 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…
…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…
…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…
…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…
…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 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,…
…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…
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)…
…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…
…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…
…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…
…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…
