…available regimes are the ICSID Convention (with its associated arbitration rules), ICSID Additional Facility and the UNCITRAL Rules. There are numerous differences between these three rules. One such difference is…
…a foreign arbitration award rendered in an ICC arbitration proceeding under the FIDIC Red Book 1992. In the award, the arbitral tribunal refused to consider counterclaims filed by the Contractor…
…areas with WWF’s support (the ‘Ecoguard Issue’). The submitting party claims that the responding party has violated the OECD Guidelines by failing to conduct a due diligence and not making…
…relation to bridging the gaps between different legal traditions on evidence, the safest option remains sticking with the 2010 IBA Rules on the Taking of Evidence in International Arbitration. Settlements…
…all. Besides, the arbitration legal framework already provides for several procedural tools in this regard: arbitration rules usually contain a provision on complex arbitrations, i.e. multi-party and multi-contract claims. Still,…
…arbitration practitioners. The world of investor-state arbitration has long been exposed to “guerrilla tactics.” Part of such guerrilla tactics may well be to make unsubstantiated factual claims, support these claims…
…law provisions apply. In some countries, they are considered a condition precedent to litigation, while in other countries it is uncertain what the available (procedural or contractual) remedies are in…
…reliance by some investors on these BITs in the recent years and the outcome of this might create legal uncertainty for cross-border investments. The Commission referred here to the outcome…
…to apply, ex officio, EU competition law. Also according to EU law, any failure by an arbitral tribunal to apply such rules, or any erroneous interpretation or application hereof, constitute…
…Institution unveils a revolutionary new “turbo” arbitration clause allowing parties to super-expedite proceedings • Barry Leon’s proposal for a “deemed consent” to arbitration in national bankruptcy and insolvency laws and…
…Commercial Arbitration. Head to KluwerArbitration.com to order your copy. This article was originally published on arbitration-icca.org. ICCA is a worldwide non-governmental organization (NGO) dedicated to promoting and developing arbitration, conciliation…
…contrary to the duties of impartiality and neutrality. The amendment became effective on 18 October 2016. As we have seen in the last few months, the international arbitration community has…
…defense].” In an article I wrote, published at 27 American Review of International Arbitration 311, I propose a practical 3-step approach to estopping states who are complicit in the corrupt…
…became the sole arbitrator. The arbitration clause did not provide for any arbitral institution such as the ICC or the LCIA to administer the arbitration proceedings. Had the proceedings been…
The 4th Annual Joint Conference on International Energy Arbitration, co-hosted by the Institute for Transnational Arbitration (ITA), the Institute for Energy Law (IEL), and the International Court of Arbitration of…
…period for counterclaims does not seem unequivocal in investment arbitration. Hypothetically, if respondent state raises counterclaims even long after the start of arbitration by claimant, it can still attempt at…
…and Genin), where it was held that the State’s conduct should amount to egregious or outrageous conduct, or to an evolving customary law (see Waste Management). Second, the lack of…
…achieve more Legal Transparency. An important example is the opt-out provision of Article 41 of the Rules of Arbitration and Conciliation of VIAC (Vienna Rules), which permits the VIAC to…
…researcher at the Transnational Law Centre of the University of Ghent, is undertaking research on the familiarity of legal professionals (including lawyers and third-party neutrals) with dispute resolution clauses which…
…of the proceedings. This new Qatari provision is crucial, as it enables the execution judge (called under the new law the “competent judge”) to assist the parties in critical times…
…course of action towards ISDS provisions after their first-ever ISDS cases, most of the ASEAN member states have continued incorporating ISDS provisions even after their initial encounters with ISDS claims….
…including all intra-EU BITs, may – sooner rather than later – wake up in a quite different legal landscape. This entry highlights the potential termination process of the treaties and…
…along with the standard rules of the Russian leading international arbitration provider – the revised 2017 ICAC International Commercial Arbitration Rules (discussed here), or the 2017 ICAC Domestic Arbitration Rules,…
…arbitration has been adopted by the financial sector, a topical issue in the light of the November 2016 ICC Report on ‘Financial Institutions and International Arbitration’. Ms Salomon, who co-authored…
