Are All Institutional Rules Now Basically The Same?
…Rules, however, the ICDR Rules do not provide a cap for the hourly rate. Also, the determination of the rate under the ICDR Rules is made after the constitution of…
Search Results for: iba rules on the taking of evidence
Post-Chinese New Year Review of 2014 Arbitration Developments in Hong Kong
…that it was unlikely that the awards would be honoured, the winding-up petition was, at best, speculative. Taking into account Insigma’s failure to honour the awards, the judge departed from…
The Use of Arbitration for Derivative Contracts
…York. The International Bar Association’s Rules on the Taking of Evidence in International Arbitration 2010 (the IBA Rules) are often used as guidance or adopted in arbitral proceedings with respect…
Ad hoc arbitration, Transparency, Transparency in investment arbitrations, Treaty, UNCITRAL Arbitration Rules, UNCITRAL Rules on Transparency, UNCITRAL Transparency Rules
A Step toward Greater Transparency: The UN Transparency Convention
…1 April 2014, and are incorporated into the 2013 UNCITRAL Arbitration Rules by Article 1(4) of those Rules. The Transparency Rules provide for increased transparency in investor-State proceedings conducted under…
Conflating Politics and Development?
…there is an Advisory Committee on the Federal Rules of Civil Procedure that works tirelessly to implement procedural improvements into the court system. It is also why entities—such as the…
English Courts Set Aside Award on Grounds of Serious Irregularity under Section 68 of the Arbitration Act 1996
…tribunal, having likely not considered in detail the evidence on the delays to the disputed project, would have any significant recollection of the evidence. He commented on the delays between…
IBA Guidelines on Party Representation, LCIA Arbitration, LCIA Guidelines for Parties' Legal Representatives
Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
…also LCIA Rules (1998), Article 18.1. Compare UNCITRAL Rules (2010), Article 5; ICDR Rules (2014), Article 12; Swiss Rules (2012), Article 15.6; WIPO Rules (2014), Article 13(a); ICC Rules (2012),…
Evolving Meaning: The Interpretation of Investment Treaties and Temporal Variations
…from taking into account temporal variations of the meaning of the terms of a treaty. The question as to whether one should interpret a term of a treaty in accordance…
New Arbitration Center in Bulgaria
…authorities of the institution. However, the time will tell whether these guarantees are operative in practice. The KRIB Rules of Arbitration are very similar to the ICC Rules 2012. This…
Bound by Oral Arbitration Agreement. Failing to Object During Negotiations
…the price) were settled and, on the basis of the evidence in the case, the court found that an oral main agreement had been concluded between the parties. However, in…
Chinese Court Enforces HKIAC Awards Despite Alleged Violations of PRC Regulations
…(3) the term ‘public interest of the Mainland’ was not equivalent to mandatory rules in the Mainland; it should be interpreted only as referring to the basic legal system of…
Anti-arbitration, Arbitration Agreements, Asia-Pacific, BIT, Consent, Courts, ILC Articles on State Responsibility, India, International arbitration, Investment Arbitration, UNCITRAL, UNCITRAL Arbitration Rules
Indian Courts’ First Brush with Investment Treaty Arbitration: Taking Some Lessons from the Calcutta High Court
…this BIT Arbitration is administered under the UNCITRAL Rules. The Port Trust commenced proceedings under Section 45 of the Act before the Calcutta High Court seeking an injunction against LDA,…
Model Bilateral Arbitration Treaty Released for Public Comment
…UNCITRAL Arbitration Rules, providing an expert, efficient and enforceable means of resolving commercial disputes when nationals from contracting states had not agreed upon an alternative means of dispute resolution. Awards…
Mongolia’s Meddling in Mining Operations will Cost it $100 Million
…Nuclear Corporation (CNNC), which is owned by the Chinese government. The dispute The ad hoc arbitral tribunal (Tribunal), which had been constituted under the UNCITRAL Arbitration Rules, held that the…
Do Arbitrators Have A Special Duty Towards Unrepresented Parties?
…jurisdiction or failure to observe the rules of natural justice. By virtue of section 22(1) of the Act, the Domestic Commercial Arbitration Rules of Procedure of the BCICAC apply to…
Investment Arbitration and Legal Protection Under European Law – Frankfurt Court Strengthens the Efficiency of Arbitration Agreements
…Netherlands and the Slovak Republic, the claimant initiated arbitral proceedings on 1 October 2008 pursuant to the UNCITRAL Arbitration Rules. The parties designated the Permanent Court of Arbitration in The…
Emergency Arbitrators in Investment Treaty Disputes
…Rules or the ICC Rules without specifying which edition of the rules, this reference is generally interpreted as a presumption for the rules in force at the time of request…
AQZ v ARA: Singapore High Court Upholds Award Made under SIAC Expedited Procedure
…focus of this post. ↑3 (2012) 1 SAA 97. ↑4 2012 Swiss Rules, Article 42.2(b)-(c). ↑5 2013 HKIAC Rules, Article 41.2(b). ↑6 2014 ICDR Rules, International Expedited Procedure, Article E-6….
To Be or Not to Be: The Practical Implications of Choosing Foreign Arbitration for Purely Domestic Contracts
…be used, one which would have exclusive jurisdiction over domestic disputes without a foreign element. Importantly, under PRC law, property and evidence preservation orders by PRC courts are available only…
Constitutional Review of Arbitral Awards: Between Protectionism and Interventionism
…application of inappropriate ordinary rules and remedies against arbitration, creating a further constitutional challenge-regime through a constitutional action which was never intended to by applied against arbitration nor to pre-arbitral…
Unilateral Option to Arbitrate: Valid in the UAE?
…arbitration shall be resolved in accordance with the rules of the DIFC-LCIA Arbitration Centre (the “Rules”) which are deemed to be incorporated by reference into this Clause. The tribunal shall…
Mass Claims in Investment Arbitration- The Need of the Hour
…arises which is not covered by this Section or the Arbitration Rules or any rules agreed by the parties, the Tribunal shall decide the question”. In the case of Abaclat…
Arbitration Clauses Incorporated by Reference: An Overview of the Pragmatic Approach Developed by European Courts
…much extensive to admit even incorporation by general reference; and, on the other hand, being a qualified commercial operator the defendant was supposed to know the standard rules referred to…
Arbitration, Arbitration Institutions and Rules, ASEAN, Asia-Pacific, Expedited arbitration, International arbitration, Singapore International Arbitration Centre, Statistics
SIAC Announces a New President and Releases its 2014 Results
…enhance SIAC’s standing as a preferred forum for investment disputes, the SIAC Rules 2013, which were introduced in April 2013, specifically provide that a party may commence an arbitration in…