…would have to apply rules of competition law part and parcel with the rest of the rules of the applicable law. Does potential arbitrability of competition law mean evasion of…
…“last good guy”. Different jurisdictions do provide ethical rules, which may be mandatory or of a guiding character, in order to regulate lawyers’ conduct. Moreover, despite all the criticism of…
…empirical data about whether arbitrators contract for indemnity insurance. Some scholars suggest that arbitrators do not have liability insurance; instead, arbitrators may rely on the immunity rules provided by arbitral…
…and security; breaching and repudiating the joint venture agreement; expropriating Metal-Tech’s property without due process of law; and taking unreasonable and discriminatory measures that impair the management, use, enjoyment, and…
…the proceedings and require the production of extensive evidence which, as the Court itself recognized, it was not the proper forum to consider. Moreover, in previous cases (e.g., Sohnut Mehoniyot…
…In respect of the arbitral process itself, the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (the transparency rules) will come into force on 1 April 2014. The transparency rules…
…of Ukraine (the “CPC of Ukraine”) and ruled that lower instance courts had failed to examine whether Weatherford had presented sufficient evidence to prove that Atoll had not been duly…
…obtain the production of evidence supporting the existence of the alleged damage and its quantification. The parties having entered into a settlement agreement, the courts did not reach a decision…
Last year at about the same period, I reported on two major events that had been taking place in the world of Intra- and Extra-EU BITs, the Regulation establishing transitional…
…deliberations with other members of the tribunal, and where the tribunal failed to comply with time limits and notice requirements in the relevant arbitration rules, as well as the requirements…
…of implementing rules tougher than the minimum required by the EU) as being of overriding mandatory character. Arbitration clause In 2005, Unamar, a Belgian commercial agent, and NMB, a Bulgarian…
…the 2007 SIAC Rules (the “Joinder Application“) was made at the time of filing. Lippo disputed the application, but the Tribunal determined in a preliminary award that it had the…
and Michael Nueber, Schönherr Introduction A new version of the so-called “Vienna Rules” came into force on 1 July 2013. Due to practitioners’ broad acceptance of the Vienna Rules 2006,…
…pre-agreement on exactly which set of disclosure (discovery) rules will apply, such as the “IBA Rules on the Taking of Evidence in International Arbitration”. Another way to leverage international commercial…
…the rules and domestic legislation thus far has not revealed any such prohibition). At the institutional-level, arbitral institutions could, in future rules, oblige or recommend that arbitrators include a synopsis…
…an antisuit injunction. Certain arbitration rules, in particular the UNCITRAL Arbitration Rules, provide a tribunal with the power to grant interim measures for the purpose of preventing harm to the…
…company. However, in practice this risk seems somewhat mitigated as the most frequently used international arbitration rules have in recent years added some form of emergency response to provide relief…
…main contract, or its breach, termination, or invalidity, will be settled by arbitration in accordance with the UNCITRAL Arbitration Rules in effect on the date of their contract. The arbitration…
…sufficient empirical evidence to suggest that things can work fine where the parties prepare well and seek experienced counsel. The major problem is that there is a lack of statistics…
…Supreme Court previously had held that state-law rules against the arbitration of certain types of remedies—in particular, punitive damages—were preempted by the FAA.[34] The Ninth Circuit also held that the…
…to adopt their rules, and they both compete against regional institutions like the Singapore International Arbitration Centre (SIAC). And together, the international institutions like ICC, ICDR, and SIAC all face…
…It is true that other tribunals (Glamis, Cargill) have, on the contrary, concluded that no evidence had been presented to establish that current customary international law had moved beyond the…
…with the arbitration rules applicable at the International Chamber of Commerce and shall enforce the same in accordance with the rules of the New York Convention on the recognition and…
…Asia (Pte) Ltd [2013] FCAFC 109). The Court dismissed the appeal confirming that the arbitrators did not deny the appellants procedural fairness and did not breach the rules of natural…
