…Government introduced a new Foreign Investment Law (the “FIL”), which came into force in November 2012. The FIL, along with the Foreign Investment Rules and the notification on restricted economic…
…that this is a broader standard than the “relevant and material” test that the IBA Rules of Evidence applies to production obligations. This is because at the outset, it might…
…that the institution would now be taking a “tough line” in enforcing the policies set forth in the 2012 Note. Similarly, the registrar of the LCIA indicated that the job…
…Code), the parties to an arbitration taking place in Belgium have the possibility to renounce in advance to request the setting aside of an arbitral award. However this possibility is…
…rules (and the rules of other arbitral bodies) which allow for the appointment of an emergency arbitrator, prior to the constitution of the main tribunal, to deal with provisional remedy…
…for Dispute Resolution of the American Arbitration Association. The Superior Court overturned the award because it thought that the arbitrators did not apply rules of Venezuelan public policy while deciding…
…Rules do not make express reference to the recovery of legal and/or Counsel fees, as a result of which these must be unrecoverable in arbitrations conducted under the Rules unless…
…Brazil. Arbitrators are not legally required to preserve the confidentiality of the proceedings. The law provides for court assistance with orders for interim measures and evidence taking. Brazil is one…
…final and binding arbitration in New Jersey, pursuant to the rules of the American Arbitration Association with one arbitrator. Oxford filed a motion in federal court to vacate the arbitrator’s…
…mutually agreed-to arbitration rules, such as those issued by the United Nations Commission on International Trade Law (“UNCITRAL”) or the International Centre for Settlement of Investment Disputes (“ICSID”). B. The…
…public attention, which can complicate any path towards amicable resolution. Mediation offers greater alternatives to maintain confidentiality. Article 10 of the new IBA Rules provides the general rule of thumb…
…at least doubtful whether the general reference in Article 44 of the ICSID Convention to the Arbitration Rules, as read together with Rules 39 and 53 of the Arbitration Rules,…
…of different record or evidence, including the procedural conduct of the parties –i.e. amended UNCITRAL Model Law, art. 7(5); English Arbitration Act, sec. 5-. Under a different perspective, the ruling…
…a set of rules on the subject entitled “IBA Rules for Investor-State Mediation” (hereinafter the IBA Mediation Rules). There is more to follow from various other sources, national and international,…
…potentially be issued, each of them being governed by different recognition and enforcement rules: (i) the arbitral award, which shall circulate in accordance with the rules laid down in the…
The Danish Institute of Arbitration (“DIA”) revised its rules effective May 1, 2013, an overhaul from the prior 2008 iteration of its rules that brings the DIA rules into line…
…and attempted imprisonment of the executives. A crucial element in establishing the State’s failure to pay adequate regard to the investment was the documentary evidence showing that the authorities “knew…
…of waiver of dualism). 2. There should be no formal requirements to the arbitration agreement (this should be a matter of evidence only) but substantive requirements for the validity of…
…implementation of regional bodies for the solution of investment disputes,” with the caveat that such bodies will have to ensure fair and balanced rules for the settlement of conflict between…
…tariffs and the insistence on strict rules of origin (“yarn forward”) for apparel imports (primarily affecting Vietnam). Should the Obama Administration decide to preserve such protection for stagnant or dying…
…Law on International Commercial Arbitration 1985 (with amendments as adopted in 2006). Note the peculiarities. There is no governing law clause, no arbitration seat, and no arbitration rules. If a…
…include the CIETAC rules (2012), the ICC rules (2012), the Swiss rules (2012), and the UNCITRAL rules (2010). SIAC’s new rules are significant in part because of the institution’s substantial…
…of the prior art and the common general knowledge. Merial also submitted that the judge’s conclusions were inconsistent with the evidence of formulation experts, arguing that the experts considered that…
…international responsibility by merely refusing to pay under a contract instead of taking covert measures which fall squarely into the definition of expropriation. At the outset, we make the clarification…
