…have been regarded since their publication in May 2013 as fairly controversial. The IBA Rules on the Taking of Evidence were perhaps regarded with as much scepticism upon their release,…
…likelihood of an arbitrator having a state of mind or prejudgment that favours one side in the dispute; (iii) make proceedings public (this includes documents, records, evidence, hearings and awards)…
…in FCC Arbitration allow secretaries to research legal and technical matters but prohibit them from participating in deliberations and drafting awards. • ICSID’s Arbitration Rules preclude ICSID secretaries from attending…
and Felipe González Arrieta The UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (hereinafter “the Rules”) came into force in April 1, 2014. The Rules were adopted at the forty-sixth…
…a less costly procedure would better serve the parties’ interests. The Swiss Rules of International Arbitration provide an interesting tool in Article 42, if parties refer to such Rules: it…
…dispute is brought to arbitration under the ICSID Convention, the ICSID Additional Facility Rules, or the UNCITRAL Rules. (See, e.g., Romak v. Uzbekistan, Nova Scotia Power v. Venezuela) For instance,…
…to an arbitration institution or other designated authority under the applicable rules. Such an approach may ensure against disaster in the selection process. But as a negotiation objective this is…
…of Rules (Belgrade Rules) which provide for a modern and efficient procedural framework for arbitral proceedings. The Belgrade Rules draw upon some of the leading international arbitration rules (including the…
…facta concludentia (i.e. the use of the same language for the contract, the arbitration agreement, the correspondence etc.), allowed? Arbitration rules generally do not provide a specific form (e.g. written…
…Tomskneft are placed. Observations A number of important points may be taken from Yukos Capital v Tomskneft: • Rules on exorbitant jurisdiction, including the rules on its ouster, are suggested…
…but if you practice arbitration in any European Union Member State and Switzerland. While we realise that taking a survey is no-one’s highest priority, your contribution is significant because it…
…the internal jurisdictional dispute between Beijing and the two sub-commissions has loomed large, resulting in the latter two declaring independence, re-naming themselves and introducing new arbitration rules (see previous Kluwer…
…clarify the existing provisions of those agreements in accordance with the customary rules of interpretation of public international law”. In the words of the Appellate Body, the GATT and WTO…
…vintage years for Belgian arbitration. First, the Cepani, the major Belgian arbitration institution, modernised its arbitration rules. The new rules entered into force as from 1 January 2013 (see the…
…advance focused on the consequences of nondisclosure, namely adverse inferences and the sanctioning of counsel. Article 9(5) of the IBA Rules on the Taking of Evidence in International Arbitration and…
…in the underlying arbitration agreement to the conduct of the arbitration process under an institutional set of rules, such as the DIAC or the ADCCAC Rules, which, in turn, contain…
…and Member States so that the Union will in principle be responsible for defending any claims alleging a violation of rules included in an agreement which fall within the Union’s…
…institutional arbitration rules, referred to by the arbitration clause, have to be notarized as well. In the case at hand, a dynamic reference, i.e. a reference to arbitration rules as…
…which would prevent a flagrant contradiction between these domestic rules and the rules of the foreign law. The very circumstance that the rules in question are deemed to be absolutely…
…referred to as the IAMA Arbitration Rules. These Rules also include the IAMA Fast Track Arbitration Rules providing for the option of an expedited set of procedural rules as part…
…used to be confined largely to the United States, Canada, and Australia, they are now becoming more common in other countries. Moreover, the rules of many leading arbitral institutions have…
As part of the 26th Annual ITA Workshop taking place in Dallas on June 18-20 2014, we have prepared a survey on the experiences of arbitration practitioners with enforceability of…
…to the effect that a violation has occurred … except through recourse to dispute settlement in accordance with the rules and procedures of this Understanding.” Investment arbitration is not a…
…controversial. Although not a traditional “taking” of an investment, if the State in question interferes to such a degree as to deprive the investor of the enjoyment, use or benefit…
