New Dutch Arbitration Law Adopted
…form of dispute resolution besides the available recourse to the state court. Arbitral institutions based in the Netherlands are expected to amend their arbitration rules to bring them in line…
Search Results for: iba rules on the taking of evidence
Damages for breach of the obligation to arbitrate: a step forward of national courts in favour of arbitration?
…EC Regulation No. 44/2001, such right prevailing over domestic rules recognising the defendant’s right to be sued in arbitration in accordance with an arbitration clause. More specifically, according to the…
Dubai Award Survives Bribery Challenge in England
…example of the English courts taking a very robust position to challenges to the enforcement of foreign arbitration awards, even when those challenges relate to allegations of bribery. Background In…
Revision of the WIPO Arbitration Rules
…(“WIPO Rules”) and WIPO Expedited Arbitration Rules. The revised rules will enter into force on 1 June 2014 and apply to all WIPO arbitrations commenced on or after that date….
The Future of Class, Mass, and Collective Arbitration
…the standard customer agreement used by Charles Schwab & Co., Inc. In overturning the earlier decision, the Board of Governors focused on the FINRA arbitration rules, which explicitly bar class…
IBA Guidelines on Party Representation, International arbitration, LCIA Guidelines for Parties' Legal Representatives
How Far do the New LCIA Guidelines for Parties’ Legal Representatives and the IBA Guidelines on Party Representation go?
…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,…
ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, Latin America
Is Investment Arbitration in Latin America in Crisis?
…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)…
Different Strokes for Different Folks? The Role of the Tribunal Secretary
…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…
The Consistency of the UNCITRAL Rules on Transparency with the Transparency Policy of Some Latin American Countries
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…
Arbitral Tribunal, Arbitration, Arbitration Agreements, Arbitration clause, Energy, Gas Supply Agreements, Price revision
Arbitration Clauses in Gas Supply Agreements
…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…
Are Repsol’s Rights Under The Repsol-Argentina Settlement Agreement An ‘Investment’ Under the Argentina-Spain BIT?
…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,…
Appointment of arbitrators, Arbitral Tribunal, Arbitration Institutions and Rules, Arbitration Proceedings, Commercial Arbitration, Corporate Counsel's view, Counsel, Uncategorized
Negotiation in International Arbitration: Call for Papers
…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…
Appointment of arbitrators, Arbitral seat, Arbitration, Arbitration Institutions and Rules, Costs in arbitral proceedings, Eastern Europe, International arbitration, Language of arbitration
Belgrade Arbitration Center adopts BAC Rules
…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…
The Choice of the Language of the Proceedings: An Underestimated Aspect of the Arbitration?
…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…
Exorbitant Jurisdiction in the Enforcement of Arbitral Awards. Some Limits: Yukos Capital v. Tomskneft
…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…
The European Parliament (Brunel) Survey of Arbitration Practitioners Closes at Midnight (UK time), May 5th
…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 Aftermath of the CIETAC Split: Two years on, lower courts take clashing views on arbitration agreements and awards– but higher courts strive for consistency
…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…
Appellate Structure and Need for Legal Certainty in Investment Arbitration
…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…
Belgium in the spotlight
…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…
Disclosure, Discovery, Document Exchange, Document Production, IBA Guidelines on Party Representation, IBA Rules of Evidence
Dealing with “Known Unknowns” in Document Exchange: A Comment on the ICCA Congress Session on Early Stages of the Arbitral Process
…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…
Annulment, Appeal, Arbitration, Arbitration Institutions and Rules, Joinder, Middle East, Uncategorized, United Arab Emirates
Dubai Court of Appeal confirms time extension provisions under the DIAC Rules and other pro-arbitration dicta
…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…
The EU Parliament proposes a regulation for financial responsibility for EU-linked investor-state dispute settlement
…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…
German Court on Validity of Arbitration Clause: Partial Invalidity of Arbitration Clause; Notarization Requirement for Institutional Arbitration Rules
…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…
National Mandatory Rules and International Public Policy: The Status of the Agent’s Goodwill Compensation in Portugal
…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…