Section 69 almost 20 years on….
…institutional rules that contain a standard waiver (e.g. ICC, LCIA, SIAC), but will also be deemed where the parties have agreed to dispense with reasons for the tribunal’s award. Rationale…
Search Results for: iba rules on the taking of evidence
The New General Organic Code of Processes: A Trojan Horse for Arbitration in Ecuador
…the rules for the enforcement of international arbitral awards in Ecuador. Background Prior to the enactment of the GOCP, Ecuadorian legislation did not have an express procedure designed to recognise…
Cost allocation mechanisms, Counsel, Counsel conduct, Emergency Arbitrator, International arbitration
Arbitration 2015: The Best of Times or the Worst of Times? A Debate
…rules on counsel conduct, such as those of the IBA or LCIA, are not only laudable but “essential to the success of arbitration”. In arbitration’s potential “wild west” environment, he…
Debating ISDS
…law requires often blur together some very different rules. Sometimes defenders of the system portray it as only about prohibiting discrimination against foreign investors; other times they focus on the…
Arbitration Act, Brazil, Jurisdiction of the arbitral tribunal, Set aside an arbitral award, Supplementary Award
Amendments to the Brazilian Arbitration Law: Supplementary Arbitral Awards and Excess of Power
…UNCITRAL Arbitration Rules, rendered, however, upon a court order. Due to the poor and inaccurate wording of Article 33.4, both interpretations could be sustained and it will be up to…
Arbitrability, Arbitration, Arbitration Agreements, Enforcement of an arbitration clause, European Law
Is an arbitration agreement “null, void” or “inoperative” if it applies a foreign law which does not give effect to mandatory principles of EU law?
…the jurisdiction of an arbitral tribunal to consider and apply mandatory principles of EU law. It is axiomatic that some rules of EU law are mandatory in nature and form…
Brazil, Investment agreements, Investment Arbitration, Investment protection, ISDS, Recognition and enforcement of arbitral award
Brazil’s New Investment Treaties: Outside Looking … Out?
…details of how the State-State arbitration should take place – no choice of rules nor a method for appointing a tribunal. On the other hand, the CFIA signed with Mexico…
Another (Unsuccessful) Challenge to the Finality of Interim Arbitral Awards in Singapore and Enforcing DAB Decisions on International Projects under FIDIC
…also provides useful clarification as to the process of adjudication before DABs, and the rules of enforcement of decisions made by the DAB, under the 1999 Red Book. We make…
Arbitration, Energy, Energy Charter Treaty, Investment, Investment Arbitration, Investment protection, Investor, Italy, Russia
What’s New with the Energy Charter Treaty?
…the number of claimants in a single procedure. In PV Investors v. Spain (UNCITRAL Rules), a group of 16 investors commenced arbitration against Spain. At the very end of 2014,…
Track 1B: One Step Further In The Chevron Saga
…evidence were all located in Ecuador. Thus, Texaco used this argument to persuade the court that it had no jurisdiction to adjudicate the dispute. The court agreed and dismissed the…
Making the Case for Ad Hoc Arbitration in Thailand
…such as the UNCITRAL Rules or the CPR Non-Administered Arbitration Rules. The incorporation of these rules provides a non-negotiable framework for the proceedings, which is essential when disputes arise. By…
Arbitral seat, Asia-Pacific, Cambodia, International arbitration, National Commercial Arbitration Centre of the Kingdom of Cambodia
Cambodia’s Arbitration Centre sets off on its First Flight
…Arbitration Rules (“Rules”) until the final version of the Rules was approved in July 2014. When NCAC’s Rules were unveiled at Phnom Penh’s International Arbitration Day in 2014, it became…
Arbitration Agreements, Arbitration Institutions and Rules, Commercial Arbitration, Hybrid arbitration clause, Set aside an international arbitral award, Sweden
Hybrid Arbitration Clauses Tested Again: Can the SCC Administer Proceedings under the ICC Rules?
…administer arbitrations under the [ICC] Rules” (art. 1(2) of the ICC Rules). It is reasonable to conclude that a general reference to the ICC Rules as the applicable rules also…
Europe, European Commission, European Union, ISDS, Transatlantic Trade and Investment Partnership, Uncategorized
Countering Anti-ISDS Propaganda with Facts: An Uphill Battle
…majority of arbitral proceedings take place under ICSID rules and the ICSID awards have been published on the ICSID website for several years and the new UNCITRAL Transparency Rules introduce…
Indian Arbitration Cart: Moving Forward or Backward?
…regarded as highly problematic. While there is no unified doctrine amongst different common law jurisdictions, courts in the UK, Australia and the US generally require clear evidence of a deliberate,…
Belarusian Courts on Granting Post-Award Interest
…the Rules of the Grain and Feed Trade Association (“the GAFTA”) in London, upon request of the claimant. According to the GAFTA arbitral award, the respondent was obliged to pay…
Swiss Supreme Court Extends Arbitration Agreement to a Third Party: Potential Risk for Corporate Groups
…to carefully examine the evidence and analyze whether any of the above situations were relevant in the present case and justified the extension of the arbitration agreement to B3. Based…
Res Judicata Effect of Judicial Decisions on Jurisdictional Objections due to an Arbitration Agreement?
…view, these precedents are wrong for two reasons: On the one hand, because they are contrary to what it says in Article 222 of Spain’s Civil Procedure Rules (Ley de…
Does the Issuance of an Award Before the Conclusion of an Arbitrator Challenge for Delay Frustrate the Challenge? – Guidance from Singapore and Hong Kong
…court or other authority specified in Article 6 to decide on the termination of the mandate. Unlike certain institutional rules (for e.g., Rule 12.2 of the SIAC Rules 2013 and…
Key to Efficiency in International Arbitration
…of arbitration rules, although this could also be helpful. The answer lies in the proper drafting of the arbitration agreement. But before looking at this particular issue, let us reflect…
Real Time Dispute Resolution in Rio de Janeiro…Since you Cannot Delay the Olympic Games
…ICC DB Rules. In the USA ConsenusDocs also provides standard DB rules. Special DB Rules had to be drafted for the exceptional circumstances for which the Rio 2016 DBs are…
French Court of Cassation Confirms Invalidity of Unilateral (Asymmetrical) Jurisdiction Clauses
…Art. 23 of the Lugano Convention and instead the default jurisdictional rules should apply. The Paris Court of Appeal held that Art. 23 of the Lugano Convention should apply and…
Roundtable Report : “Les femmes dans l’arbitrage, Est-ce si différent?”
…equality within the arbitral community. Taking place at the ICC, more than 75 participants, both women and men, attended the event, which was moderated by Sandrine Clavel and featured leading…
Investing in Cryptocurrencies under the Existing Investment Arbitration Regime
…taking into account the ‘Salini’ or ‘Salini like’ test, it will be more difficult to argue that investments in cryptocurrencies constitute a form of investment. The weakest point of cryptocurrencies,…