Law Commission’s Report to Revamp the Indian Arbitration Experience
…arbitration could not apply to the court for interim measures under Section 9 to secure the assets or for assistance in taking evidence has now been redressed as the parties…
Search Results for: iba rules on the taking of evidence
The Birth of a New UAE Federal Arbitration Law: A Long and Difficult Labour
…secular affirmation will be permitted with the tribunal’s consent and a party’s ability to rely on a deviation from the oath-taking procedure under the Evidence Law in order to resist…
KRUPPA V BENEDETTI: WHEN IS AN AGREEMENT TO ARBITRATE NOT AN AGREEMENT TO ARBITRATE? WHEN IT’S AN AGREEMENT TO ENDEAVOUR TO ARBITRATE
…as being further evidence that there was no binding agreement to arbitrate, only an agreement to attempt to resolve disputes by a process of arbitration. The second difficulty was that…
Young ICCA Workshop at the Occasion of the ICCA Congress, Miami, 10th of April 2014: “The Art of Persuasion”
…and (6) Present case law and evidence. Practical Points (1) Do not overstate your case; (2) Occupy the defensible terrain; (3) Yield indefensible terrain; (4) Communicate clearly; (5) Appeal not…
Revisions to the HKIAC’s Model Clauses address uncertainty regarding the law governing arbitration clauses
…this concern. The recently revised arbitration rules of the LCIA – which will go into effect on 1 October 2014 – provide that the law of the arbitration clause will…
The Summer Arbitration Quiz!
…who comes closest) wins a dinner in Florence (travel and hotel costs excluded) and, if they wish, their name published here. Rules, Rules, and Guidelines 1. Which one of the…
Same claims, same evidence, different claimant: abuse of process for defendant to raise same defences?
…the actual value of the cargo supplied, as put forward by expert evidence, rather than the discounted value of the cargo claimed by Petex. Subsequently, Petex assigned its rights under…
Compensation for a Dismissed Arbitrator?
…use of the service rendered by the arbitrator (e.g. repetition of the proceedings). Comment Under Austrian law the terms of reference are covered by specific procedural rules in the Austrian…
An Insider’s Perspective on Reliance v Union of India: What the Supreme Court of India Got Right and What it Got Wrong
…the arbitral tribunal and the arbitration proceedings had to be conducted as per the UNCITRAL rules. At this stage I would like to explain the test of the implied exclusion…
Failing to pay the advance on costs and the risk of inoperability of the arbitration clause – Remedy?
…to the ICC Rules of Arbitration) and Buhler and Webster (Handbook of ICC Arbitration). The contractual approach holds that since the arbitration agreement refers to in casu the ICC-Rules, these…
When Does an Arbitration Agreement Have a Binding Effect on Non-Signatories? The Group of Companies Doctrine vs. Conflict of Laws Rules and Public Policy
…appearance. In addition, the arbitral tribunal rendered its decision on jurisdiction by taking into account ‘usages conforming to the needs of international commerce, in particular, in the presence of a…
Enforcement of Worldwide Freezing Orders in Ukraine
…in the absence of such treaty on the basis of the principle of reciprocity which existence is presumed by the domestic rules of civil procedure (the Code of Civil Procedure…
In-House Counsel Take Note: ICC’s John Beechey Won’t Be Sitting You at the Children’s Table
…the changes made in the 2012 revision to the ICC Rules in order to respond to user comments and to complaints about time and cost in arbitration in particular, was…
ICSID Arbitration, ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, Latin America
Notes on the Persistent Latin American Countries’ Attitude Towards Investment Arbitration and ICSID
…companies”, as asserted by Jean Kalicki in discussions held at the IBA Annual Conference, 2013, in Boston. IBA panel shares arbitration tips for energy lawyers, Global Energy Review (October 14,…
British Columbia Signals To The International Community That It Is An Enforcement-Friendly Jurisdiction
…Limited (“PSM”), a Pakistani state owned steel manufacturer, in an arbitration conducted under the arbitration rules of the ICC. Following the award, PSM did not pay SFI. SFI was unable…
Effective Management of Arbitration; A Guide for In-House Counsel and Other Party Representatives
…Beechey (President of the ICC International Court of Arbitration) launched the conference, noting that the ICC Rules of Arbitration (“ICC Rules”) require parties and arbitrators to conduct cases in a…
Arbitration, Arbitration Awards, Arbitration Proceedings, DIFC, Domestic Courts, Enforcement, International arbitration
The DIFC and arbitration: Raising the stakes?
…DIFC also maintains an arbitration centre, the DIFC-LCIA, a sister organization of the London Court of International Arbitration, which administers arbitration proceedings under the DIFC-LCIA Rules of Arbitration. The draft…
Anti-arbitration, Arbitration, Arbitration Agreements, Expedited arbitration, International arbitration, Uncategorized
Why Can’t Arbitration Go Faster? The ICDR Brings Expedited to International
…Procedure in its revised International Arbitration Rules And now the ICDR is itself taking a step in the direction of speed by including an expedited procedure within its new International…
Does Supreme People’s Court’s Decision Open the Door for Foreign Arbitration Institutions to Explore the Chinese Market?
…shall be submitted to arbitration by the International Chamber of Commerce (‘ICC’) Court of Arbitration according to its arbitration rules, by one or more arbitrators. The place of jurisdiction shall…
Is the focus of investment state arbitration switching from Latin America? If so to where?
…some Latin American countries seem to be taking conciliatory steps and projecting a more investor-friendly stance. Indeed, one of the most traditionally hostile countries regarding the enforcement of ICSID awards,…
UNCITRAL to Consider Proposal for Convention on Enforcement of Mediated Settlements
…transactions, the parties’ contract stipulated arbitration under the rules of a leading arbitration institution. Not surprisingly, the rules did not contemplate that the parties might want to draft their own…
Towards A Revised Threshold for Arbitrators’ Challenges Under ICSID?
…Arbitration Rules. On June 12, 2013, Claimant submitted a proposal to disqualify Dr. Torres Bernárdez pursuant also to Art. 57, ICSID Convention and Rule 9, ICSID Arbitration Rules. Claimant indicated…
Shanghai Free Trade Zone implements modern arbitration rules
…then transferred for enforcement immediately”. Rules of Evidence Unlike the CIETAC Rules which contain no provision on rules of evidence and merely empower the tribunal to specify the time period…
UNCITRAL Model Law: Still a Model or Second Best?
…in the creation the Model Law, the UNCITRAL Rules, the New York Convention, the ICSID Convention, and other instruments which were written during international arbitration’s foundational era of the mid-1950’s…