…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…
…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….
…rules and some laws depart from a near absolute confidentiality. The situation is different in investment and sports arbitration. We have witnessed the most recent “celebration” of transparency in the…
…Article 25(1) of the ICSID Convention as well as both the ICSID Institution Rules (Article 2) and the ICSID Arbitration Rules (Rule 1). (para. 292) “The Tribunal . . ….
…to determine the extent to which an examination of the facts can and should involve going behind the findings of fact of the arbitrators, particularly where witness evidence is involved…
…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…
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…
…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Thunderbird v. Mexico has stated: “investment arbitration… [has] become so well known… Thus, this factor is no longer applicable…” (UNCITRAL Rules, Award 26 January 2006, para. 218) A…
…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…
…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”),…
…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…
…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…
…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…
…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…
…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)….
…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…
…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…
…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…
…‘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…
…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….
…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…
…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…
…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…
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…
