On October 31, Paris Arbitration hosted a conference on the choice of Paris as the seat in international arbitration, and its far-reaching implications. The conference, taking place in the heart…
…applicable law; 3) identifying the evidence available to support the structuring of a legal claim; and 4) maintaining a solid understanding of the applicable law. A vital piece of the…
… Additional Guidance Text on Evidence Delegations also supported having a guidance text aimed at assisting tribunals in managing new technologies and electronic evidence. It was noted that arbitral tribunals…
…need for a “tailor-made” way of resolving energy disputes. That would involve (i) specific arbitration rules (such as securities and insurance-specific rules); (ii) procedural tools focusing on time-efficiency, in light…
…case concerned an English-seated arbitration, but expressed concern about granting an ASI in relation to a Paris-seated arbitration ([17]). Evidence of foreign law had established that an ASI would not…
…include Adjudication Rules, Expert Determination Rules, a dispute resolution for MSMEs (the Integrated Dispute Resolution Scheme) and a protocol for virtual proceedings. Prior to this, the suite of rules only…
…Law on Electronic Commerce. This decreases the likelihood that decisions in such cases will be tied up in endless appellate proceedings taking years—if not longer—to resolve. Furthermore, the advent of…
…of law rules in UNCITRAL’s draft provisions would direct to the lex arbitri. However, the same insolvency rules could be easily seen as rules which render the arbitration agreement invalid…
…arbitral award ruling on matters of family law would be treated in a more flexible matter by subjecting it to the rules of appeal against a court decision, rather than…
…rules. According to the Vis Moot’s explanation, these new rules represent a compromise between the academic interest to “ensure that students continue to develop their skills” in the competition and…
…take our chances.” What to do? The majority of the audience agreed that they would withdraw from the case. One panelist drew attention to the IBA Rules on the Taking…
…privacy, a level of protection not always available in court proceedings. Moreover, as an expeditious process arbitration can reduce the risk of exacerbated damages or lost critical evidence, unlike prolonged…
…of international disputes. To access a detailed technical note with all the modifications to the CIAM new Rules and full text of the new Rules, please visit the CIAM’s website….
…Natália Mizrahi Lamas (Partner, FCDG Advogados, Rio de Janeiro) presented a comparison between expedited arbitration and regular arbitration in accordance with the key provisions of the ICC rules. “It is…
…view that it had “the least impact compared with expert evidence and documentary evidence.” This view seems to support the primacy of documentary evidence, particularly in the electronic era, where…
…the request. Fourth, he argued the application was timely, citing the IBA’s Rules on the Taking of Evidence in International Arbitration (the “IBA Rules”), which provide that the Tribunal may…
…early in a case and other procedures to efficiently manage and present expert evidence like expert conferencing and substantive midstream case management conferences (“Kaplan” hearings). The panel also emphasized that…
…of winning justice. This is unfair. We need to end these corporate courts now! Rights for people, rules for corporations.” Letter from the Stop ISDS movement to the President of…
…in-the-moment decisions from the hearing room. It was an interactive and well-moderated panel with a highly engaged audience, with panelists taking questions about each circumstance and surveying audience members on…
…close consideration. With respect to emergency relief, he acknowledged that although arbitration rules increasingly provide for emergency relief, there is generally more comfort in resorting to the courts for such…
…to hold oral hearings for the production of evidence or oral arguments, or to proceed with the issuance of the arbitral award based solely on written documents and material evidence….
…the one hand, Ecuador decided to rejoin the ICSID system and, on the other, its highest court on constitutional matters rules that a treaty providing for ICSID arbitration is unconstitutional….
…that prevented Chinese arbitration institutions from accepting investor-state arbitration cases. As noted, several leading arbitration institutions in the PRC launched investment arbitration rules, i.e., SCIA Rules Article 2(2), CIETAC Rules,…
…As such, the tribunal could not conclusively determine whether the treaty contains specific rules regarding dual nationality and had to rely on other rules of international law. As per the…
