…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,…
…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…
…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…
…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…
…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…
…interesting aspects of White Industries, and their implications, in a digestible manner. Background White Industries arose from a commercial arbitration under the ICC Rules which resulted in an ITA under…
…award “purports” to have been made or a duly certified copy of that agreement. […] … the production of those documents in the present case constitutes prima facie evidence of:…
…procedure for summary dismissal of unmeritorious claims under Rule 41(5) of the ICSID Arbitration Rules. The present post examines shortly this procedure as well as the implications of the above…
…Emirate. There is no separate arbitration law in the UAE and instead rules relating to arbitration are contained with the UAE Civil Procedure Code (UAE Federal Law No 11 of…
…within the FSIA, such as the commercial assets requirement. Mr. Mascarenhas also discussed obtaining provisional measures from arbitral tribunals to secure enforcement. He explained that certain institutional rules provide avenues…
…rules governing arbitral awards. Moreover, filing an arbitral award under seal with a federal court must be done at the outset of a vacatur or enforcement application and usually becomes…
…a number of mandatory rules and principles for the latter category. These mandatory rules, however, are limited to procedural requirements for arbitration agreements pertaining to the State Contracts. (Law No….
…taking place in open court, which sometimes encourages a tendency to play to the gallery. The practice of international arbitration may seem a natural side practice for litigators given the…
…Article 4.7 of the IBA Rules on the Taking of Evidence in International Arbitration may have been of assistance. This provision – not mentioned in the judgment – addresses this…
…their arguments and what they relied on in support of their propositions. The secretary has the record at his or her fingertips and can pull out the required evidence at…
…and rules stipulated in the Rules of the [DIFC] Courts, including any objections to execution. The execution judge may not reconsider the merits of the judgment, decision or order; (d)…
…to report on their real-live encounters with the following instruments and notions: IBA Rules on the Taking of Evidence, IBA Guidelines on Conflicts of Interest, IBA Guidelines on Party Representation,…
…the institutional rules (notably the rules of the Dubai International Arbitration Centre (DIAC)). Authority to enter into arbitration agreements Egypt Article 11 of the Arbitration Law provides that arbitral agreements…
…and of disputes arising out of treaties, by arbitration, mediation, and other forms of alternative dispute resolution mechanisms (ADR); (b) the preparation and issuance of rules and procedures required for…
…term “suit” was again defined by Supreme Court in Patel Roadways Limited v. Birla Yamaha Limited4)(2000) 4 SCC 91 , as “a generic term taking within its sweep all proceedings…
…state-owned enterprises (SOEs). Recent evidence indicates that to a certain degree, the expansive trends of foreign private investment have not left this industry intact. For example, the UK, having relaxed…
…application and furnishing the court with evidence of assignment of rights in contractual or other relations which were subject of arbitration proceedings. Thus, as substitution of an applicant is possible…
…that the Indian judiciary is taking a pro-arbitration approach in its decision. Moreover, these recent developments have led to calls for changing rule to permit foreign lawyers to participate in…
…be submitted to arbitration with Beijing Arbitration Commission according to its arbitration rules.” Sinovel’s motion was later denied by the Beijing Intermediate People’s Court. Sinovel then filed an appeal of…
