…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…
…Rules, like the ICC Rules, go further than the HKIAC and SIAC Rules and allow a party to apply for the appointment of an emergency arbitrator prior to the filing…
…the Rules or under the Arbitration and Conciliation Act, 1996 (the “Indian Arbitration Act”), including Section 9 thereof. The provisions of Part 1 of the Indian Arbitration Act are expressly…
…the parties referred to a “Madrid Arbitration Court” and its rules, neither of which exist. Lately, however, the notion appears to be gaining ground that arbitration agreements would also prevail…
…of when Bolivia can exercise the denial of benefits clause is one of jurisdiction. Consequently, in accordance with the UNCITRAL Rules (which were the applicable arbitral rules), the latest time…
…? (Although discovery can consume significant amounts of paper, it merits its own consideration and is not therefore addressed in this article.) Are any facilities, rules and/or guidance available on…
…§ 1782 for international arbitral proceedings, especially in the purely private contractual context. The district courts are likely to continue taking three broadly different approaches they have applied post-Intel. The…
By Carmen Núñez-Lagos and Javier García Olmedo In an award rendered on 31 January 2014, an arbitral tribunal constituted under the UNCITRAL Rules declined jurisdiction over the claims brought by…
…(Arthur Nassbaum, A Concise History of the Law of Nations (Macmillan 1950), pp. 99-100) What better evidence of the unexpected gains in reading? 2. Those who work as a team…
…the UNCITRAL Arbitration Rules 2010. The claim concerned Australia’s enactment of the Tobacco Plain Packaging Act 2011 (Cth) which enforced the use of plain packaging on all tobacco products sold…
…while national laws are widely used as framework for international arbitration, a number of initiatives have emerged aiming at creating intrinsically international rules (soft law instruments). A recently published empirical…
…other tribunals, it did not remain passive arbiter of the contentions of the parties, evaluating ultimately the level of comprehensiveness and persuasion of their arguments and evidence. To the contrary…
…arbitration rules issued by the HKIAC, which came into force on 1 November 2013. The new HKIAC Rules address all of the most topical issues in international arbitration, including joinder…
…or the Stockholm Chamber of Commerce (SCC) rules. According to the United Nations Conference on Trade and Development (UNCTAD), the UNCITRAL Arbitration Rules are the second most used rules for…
…result of inter-State cross-pollination) has instead promoted relative homogeneity. That broad uniformity has in turn generated and reinforced stakeholder expectations and, some would say, has come to evidence customary international…
…demerits of ICSID-rendered awards vis-à-vis non-ICSID awards are thus practically important considerations for many stakeholders in international dispute settlement. Taking BG Group as a simple case study, the authors illustrate…
…decided ex aequo et bono and are subject to public disclosure rules in order to respect the principle of legality and the principle of publicity and transparency – two key…
…He believes the organization may have acted rashly when it recently incorporated the IBA Guidelines on Conflicts of Interest into its Code of Ethics and arbitration rules, rendering it binding…
…rules for arbitration proceedings administrated under its auspices. Along with the new rules, the Board also approved an “Arbitrator’s Code of Ethics”. Divided into 9 articles, this Code addresses issues…
…may be parallel court proceedings or regulatory investigations taking place. This may be particularly true in the context of ICSID and BIT arbitrations but can also occur in the context…
