…evidence, balance of probabilities, and prima facie evidence. Lamm rejected the adoption of a high standard of proof (as advocated by Dr. Llamzon and Sinclair), noting that a heightened standard…
…allocated. Even when the arbitration agreements adopt procedural rules on costs’ allocation, those rules will invariably say little or nothing about the arbitrator’s power to sanction parties for their Counsel’s…
…the ICC arbitration law (ICC arbitration law was mentioned erroneously instead of ICC arbitration rules), that according to articles I and II (article II was mentioned erroneously instead of article…
…both parties will retain the right to contract out of arbitration and elect recourse to national courts according to general rules applicable to litigation between parties located in different countries….
…explained, that the old rules no longer apply. International arbitration is truly global and has experienced exponential growth. We must have “common” ethical standards so that the users and practitioners…
…counsel, he is reluctant to use an American trial lawyer as an arbitrator. Mr. Hennessee followed up that what users want is “certainty.” Rules need to be set so that…
…• Fla. Bar Rules 1-311 – the bar rule that allows foreign lawyers to work in international arbitrations. • Enactment of UNCITRAL model law in Florida without modification from the…
…hearing. Again, in the context of international arbitration, disclosing impeachment evidence advances the goals of the process — parties should be discouraged from hiding the ball and withholding evidence or…
…as stated by Moollan, the problem is not the rules. UNCITRAL has led the way with constantly improving iterations of model rules and laws. The arbitral institutions contain to tweak…
…selected, to the procedures for adducing evidence, to the availability of interim relief, to how costs and fees are awarded. Selecting the right arbitrators, in other words, has profound implications…
…way to incorporate diversity into their rules and, in doing so, affirmatively impose the burden on the user community to boost diversity. As one panelist explained, institutions have a long-term…
…systems are very familiar with the standard of proof applicable in civil cases, which is predominately a “preponderance of the evidence” standard. Parties have to prove that their factual assertions…
…with a discussion of recent developments in production of evidence in arbitral proceedings. He referred to a recent ICSID proceeding in which an arbitral tribunal granted a request to introduce…
…UNCITRAL Model Laws, and the UNCITRAL Rules if the parties accepted its applicability. It also reiterated that Article 6(4) of the UNCITRAL rules 1976 only speaks of “taking into account”…
…“BIT”) is not different from a contract, and did not refer to the customary rules of treaty interpretation, as codified by the Vienna Convention on the Law of Treaties (“VCLT”),…
and Niyati Gandhi A done to death topic in arbitration gatherings in emerging markets, particularly in India, is the debate about ad hoc versus institutional arbitration. The basic arguments in…
Facts The applicant, Darie Engineering (Darie), and the first respondent, Alstom Transport SA (Alstom), had a business relationship spanning over 20 years in which Darie acted as Alstom’s representative in…
…compensation for its taking of the ConocoPhillips assets […]”. On 8 September 2013, the Respondent formally requested the Arbitral Tribunal to hold a hearing for submissions on the issue of…
…laws of Florida 2. Any and all disputes settled through arbitration conducted by the American Arbitration Association (“AAA”) in accordance with the AAA’s International Arbitration Rules 3. Seat of Arbitration…
…in the comment section to his post. First, there is no question that granting preferential treatment for developing countries does not violate MFN rules. That was settled with the so-called…
…to State responsibility: “[s]ome rules specifically prohibit threats of conduct, incitement or attempt, in which case the threat, incitement or attempt is itself a wrongful act. On the other hand…
…clause. The Court held that as there was evidence of lack of agreement of the parties regarding the arbitration, the State Court has grounds to annul the arbitration clause and…
…one of the Iraqi government’s priority tasks. (2) In late 2013, anecdotal evidence revealed that a law had been passed by the Iraqi Parliament permitting Iraq’s ratification of the Washington…
…now seems to have been broken, with a number of arbitration rules enlarging consolidation rules (such as the Swiss Rules and the ICC Rules) and arbitral decisions, most notably the…
