Multilateral Investment Treaties? A View from China
…indicates the need for a multilateral agreement with broader coverage as well as a simplified and standardized set of rules. The content of a Multilateral Investment Treaty is relatively easy…
Search Results for: iba rules on the taking of evidence
The Court of Arbitration at the Polish Chamber of Commerce Adopts New Rules
The Court of Arbitration at the Polish Chamber of Commerce in Warsaw (the Court) has just published new arbitration rules (the Rules) that will come into force as of 1…
Allocation of Costs in ICSID Arbitration
…in International Thunderbird v. Mexico has stated: “investment arbitration… [has] become so well known… Thus, this factor is no longer applicable…” (UNCITRAL Rules, Award 26 January 2006, para. 218) A…
Arbitration, BIT, Canada, Foreign Investment Law, ICSID Arbitration, ICSID Convention, Investment Arbitration, Middle East, Uncategorized, United Arab Emirates
ICSID Tribunal declines personal jurisdiction over dual national under Egypt-UAE BIT
…under the rules of the Cairo Regional Centre for International Commercial Arbitration (“CRCICA”) in relation to a contractual dispute between the Claimant and the Egyptian Petroleum Corporation (“EGPC”) arising from…
International Commercial Arbitration in Romania: Can the New Changes Release the Tension Instilled in the Past?
…the field of arbitration, and is engaged in international and internal cooperation within the system of Chambers in Romania. According to the 2014 Rules of Arbitration Procedure (the “Arbitration Rules”),…
Enforcing Awards Following a Decision at the Seat: the US or the French Approach?
…event, it would generally be inappropriate to depart from the decision of the English court. Australian courts are therefore taking a similar approach to the US courts, deferring to decisions…
Challenging Arbitral Awards in Singapore
…an award may be set aside if “a breach of the rules of natural justice occurred in connection with the making of the award by which the rights of any…
Hong Kong Emerges as Russia’s Refuge while the EU’s Sanctions Cripple Major Russian Businesses
…for example, is to arbitrate its future disputes in Stockholm under the SCC rules, while the sanctions are becoming exponentially more severe, will the SCC Secretariat be in a position…
Arbitration, Arbitration Agreements, DIFC, Dispute, Dispute Resolution, Middle East, Uncategorized, United Arab Emirates
DIFC Court Practice Direction on the conversion of DIFC Court judgments into DIFC-LCIA awards goes full steam ahead!
…enter into effect in January 2015. On that occasion, the DIFC Courts circulated a revised version of the Practice Direction (the “revised Practice Direction”) taking account of observations made by…
Israeli Supreme Court Lost between the Israeli Arbitration Act and the New York Convention
…taking place in a foreign country, which could incentivize parties to turn to their own local courts in order to have disputes heard in their preferred forum” (emphasis in original)….
Ad hoc arbitration, Annulment, Arbitral Award, Arbitral seat, Arbitration Awards, International arbitration, Investment, Investment agreements, Investment Arbitration, Investment protection, Public Policy
A blast from the past… the ‘unified Arab investment treaty’ and finality of arbitration awards
…rules with regard to arbitration, those rules shall override any other rules laid down in the Egyptian arbitration law n°27/1994”. As a result, awards rendered under the context of UAIAC…
Arbitral Tribunal, Counsel, Guerrilla Tactics, IBA Guidelines on Party Representation, LCIA Arbitration, LCIA Guidelines for Parties' Legal Representatives
The Growth of Arbitrator Power to Control Counsel Conduct
…Guidelines not agreed to by the parties. Nonetheless, like the successful IBA Guidelines on Taking of Evidence and on Conflicts of Interest, these Guidelines may influence thinking about what constitutes…
Appeal, Arbitration, Arbitration Awards, Awards, DIFC, Dubai, Enforcement, Middle East, Public Policy, Recognition and enforcement of arbitral award, Review on the merits, Uncategorized, United Arab Emirates
DIFC Court of Appeal confirms the DIFC’s status as host jurisdiction for recognition of domestic awards
…Justice Sir David Steel rejected an argument of abuse of process in the following, self-explanatory terms: “43. It is right to say that there is no evidence that Meydan has…
ICSID Arbitration, ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor
Juries for Foreign Investment Disputes
…‘sub-rules’ which define ‘fair and equitable treatment’, such as the ‘dominant element’ of the legitimate expectations of the investor. When arbitrators create these sub-rules, they engage in law making. It…
The Urgent Need for Data: Are the Needs of Users and the Dispute Resolution Market Misaligned?
…questions. Providers, users and advisors all faulted in-house counsel for not taking a more central role and stronger interest in getting together to express their needs to providers and responders….
ArbWorld – Good Faith: The “LCIA Rules 2.0” Hidden Feature
…version. Although missing this important historical information, I would nevertheless be tempted to number the new set of rules as “LCIA Rules 2.0” by reference to the 1998 Rules available…
Bad faith claims in challenge proceedings and counsel’s liability for costs
…by the rules? The topic was discussed earlier this year at a seminar organized in Stockholm by the Swedish Arbitration Association.1)Seminar of the Swedish Arbitration Association organised in Stockholm on…
Reflections on HKIAC’s Revised Model Arbitration Clause and Its Impact on Chinese Practice
…referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is…
The Consolidation Arbitrator – An Arbitrator Too Far?
Whilst many institutional rules now contain provisions which expressly address the complex issue of consolidation, the recently revised rules of the International Centre for Dispute Resolution (the “ICDR”), the international…
ICSID Arbitration, ICSID Convention, International Court of Justice, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, Treaty, Treaty Interpretation, Vienna Convention on the Law of Treaties
Interpreting Investment Treaties
…do not practise what they preach; reference to the Vienna Rules is now mandatory, but such reference does not mean the Rules are taken and applied seriously” and “it is…
What Can We Infer from the Ascendi Case?
…it is permanent, whether its jurisdiction is compulsory, whether its procedure is inter partes, whether it is independent and whether it applies rules of law. The Tax Arbitral Court was…
Admitting illegally obtained evidence in CAS proceedings – Swiss Federal Supreme Court Shows Match-Fixing the Red Card
…art. 152 para. 2 CP, “illegally obtained evidence shall be considered only if there is an overriding interest in finding the truth”. Domestic courts may admit such evidence if they…
Apotex III’s Application of Res Judicata Ensures Finality, Legal Security and Judicial Economy
…purpose of applying the doctrine of res judicata[.]” Applying NAFTA Article 1131(1), the rules of international law and the UNCITRAL Arbitration Rules, the Tribunal concludes that the Apotex I &…
ICSID Arbitration, ILC Articles on State Responsibility, Investment, Investment Arbitration, Investment protection, Investor, Moral Damages
Making a Muddle of Moral Damages
…BSG Resources v. Guinea, the claimant has very recently brought a claim against Guinea for the alleged unlawful taking of its mining investments in Guinea. While the request for arbitration…