…taking place around the world has been initiated by the International Mediation Institute (IMI), a non-profit organization that does not itself provide any dispute resolution services, but promotes quality and…
…taking the Brussels I Regulation out of this equation is an endorsement of the primacy of, in particular, the New York Convention. Furthermore, although the judgment is, strictly speaking, about…
…(Article 212(6), civil Procedure Law). The award must provide a summary of the parties’ case and evidence. The award must be reasoned. The award must set out the place and…
…the Court of Appeal rules on a request for annulment of an arbitration award, it must analyze the nature of the decision rendered by the arbitral tribunal in order to…
…effectively agree that substantively relevant overriding mandatory rules – for instance, antitrust rules – be disregarded, when the purpose of such rules in fact requires that they be taken into…
…declaration that France and Spain were bound by the arbitration clause provided in the insurers’ rules and that the insurers were not liable under the underlying contract. The relief sought…
…claimant’s rights. The one instance procedure and the limited review of the arbitral award can also be regarded as a factor advancing the enforcement of the claimant’s rights. Taking into…
…court, which considers the case on the recognition and enforcement of the foreign arbitral award, evidence that the party against which the award is rendered was informed of the arbitral…
…The LCIA Rules, for example, give the arbitrators power to take the initiative and the IBA Evidence Rules encourage the tribunal to identify issues for preliminary determination. He also acknowledged…
…on the basis that it involves issues arising out of the sanctions. Although these rules may appear straightforward, businesses will find that the sanctions are challenging to analyze and address…
…that arbitration shall be conducted under the UNCITRAL Rules unless the disputing parties agree otherwise. This may be because India is not an ICSID signatory and it does not seem…
The nation states of Middle East and North Africa (MENA) have long been active participants in the world of international investment protection and arbitration. Pakistan was a signatory to one…
…recognize and enforce an award’s monetary obligation as if it were a final judgment in that state, subject only to domestic rules governing the immunity of sovereign property from execution….
…the rule of law, that is the content of the rule of law as well as the machinery used to administer it. Following and taking into account recently expressed views…
…role as an investigating authority. Under ICSID Rules (Rule 37), the Commission has frequently participated as a non-disputing party by submitting amicus curiae opinions. AES Summit v Hungary, Electrabel v…
…for Sport: Commentary, Cases and Materials”. The book comprehensively analyses the rules of the CAS Code within the more general context of international arbitration. Each provision is supplemented by relevant…
…arbitration by selecting suitable arbitration rules, such as the 2013 HKIAC Administered Arbitration Rules (the HKIAC Rules), as the applicable procedural rules and Hong Kong as the seat of arbitration….
…application of legal rules, is generally referred to as an amiable compositeur or as deciding ex aequo et bono (even though these notions are not completely synonymous, the terms will…
…wording of clause 20.3 is such that these General Conditions will not apply. This is unfortunate as they contain extremely useful procedural rules as well as dealing with the level…
…action that would prevent, or refrain from taking action that is likely to cause, current or imminent harm or prejudice to the arbitral process itself” and to • “preserve evidence…
…to (i) analyze the evidence presented by the parties, (ii) state reasons on which it based its decision and (iii) denied the State the opportunity to express its opinion about…
…parties to obtain interim relief before a case is referred to the arbitral tribunal. The main purpose of EA is to protect assets and evidence that might otherwise be altered…
…arbitration the rules of the centres typically regulate this matter (and therefore the parties agree with the fees before the constitution of the arbitral tribunal). In Portugal, business players are…
…provide for alternative dispute resolution mechanisms, usually through international arbitration, and in particular arbitration at ICSID or ad hoc proceedings under the rules of UNCITRAL or other international arbitration centers….
