…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…
…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…
…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…
…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 &…
…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…
…of “emergency arbitrator” provisions. The proposed amendments suggest that the definition of arbitrator shall include emergency arbitrator where the arbitration is conducted under the rules providing for emergency arbitration. This…
…the USD 202 million-award against the Expressway and Rapid Transit Authority (“ETA”) upon finding evidence of bribery and numerous conflicts of interest. The Supreme Court concluded that the underlying agreement…
…party funding, unless the claimant has sufficient financial resources. Taking into account the Commerce Group Corp. & San Sebastian Gold Mines, Rachel S. Grynberg and others v. Government of Grenada,…
…alia between Rakesh and other members of the Malhotra family. The SSD also provided for arbitration under the LCIA Arbitration Rules. After a while the members of the Malhotra family…
…will take. It also remains to be seen what institutional rules the EMAC Rules of Arbitration will ultimately be modeled on, but there can be little doubt that the founders…
…a period of several months. Three members were eventually appointed, but no Dispute Adjudication Agreement was ever executed. Ultimately, in 2013, the Contractor initiated arbitration under the ICC Rules. The…
…Rules both provide for hearings to be conducted “in camera.” Based on those reasons, the tribunal declined to permit representatives of the United States to attend the hearing on jurisdiction….
…rule under the UNCITRAL Model Law and under national legislation adopting it, as well as under recent non-Model Law statutes, and most institutional arbitration rules. In addition, arbitration laws are…
…New York Convention has a specific provision directly regulating unreasoned foreign awards, both procedural rules have provisions whereby recognition and enforcement of foreign arbitral awards may be refused in cases…
…of lois de police, namely rules that proclaim themselves applicable to all situations within their purview, outside the operation of rules of conflict of laws. This, however, is not to…
…ad hoc arbitration (usually under the UNCITRAL arbitration rules unless the parties agree on a different set of rules). Some BITs contain the additional option to submit the dispute to…
…And states have invested much effort in negotiating common rules for international arbitration. We know them as the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards,…
…have collecting dust on your office shelves, cluttering your office drawers, or taking up space on your computer. The second way more closely resembles a global treasure hunt. The site…
…disposal of a claim or defence on a summary basis. Further, arbitration laws and procedural rules, including the ICC Rules, generally provide that tribunals may render awards on separate issues….
…were secured with the arrest of debtors’ assets in 2013-2014). The report also made it possible to name the arbitration institutes and rules most frequently referred among Ukrainian parties. These…
…ICSID Rules and Regulations, and the transparency rules under CAFTA, among others, these elements contribute to transparency becoming a global norm in international investment law. Transparency and the EU Commission’s…
…updated its rules in 2012. 2. Which of the following arbitration institutions introduced revised mediation rules in 2014? A. LCIA B. ICC C. ICDR D. SIAC Answer: B and C,…
…not concern designation at all. Recently, the tribunal in the NIKO Resources case turned the tide. Taking the word “designation” into context and comparing it with the word “notification” which…
…de Indenização. Further, the Second Arbitration was initiated in spite of the Brazilian courts having considered the evidence and arguments and rendered decisions on the issues discussed in the various…
