The Gang of Four Rides Again: Pathological Clauses
…rules, and by the national courts in which they are located. Notably, only two of the institutions (Stockholm and Milan) have rules that expressly authorize them to engage in a…
Search Results for: iba rules on the taking of evidence
Arbitration, Investment Arbitration, Treaty, Uncategorized, Vienna Convention on the Law of Treaties
The VCLT Is Not Hostile to Drafting History
…for many disputes are the rules of treaty interpretation contained in Articles 31, 32, and 33 of the VCLT. In that context, there are some signs of a gathering movement…
Confidentiality and Transparency, Investment Arbitration, Transparency in investment arbitrations, UNCITRAL Transparency Rules
UNCITRAL Unveils New Transparency Rules – Blazing a Trail Towards Transparency in Investor-State Arbitration?
…in the PCA Arbitration Rules expressly allowing for third party submissions (as in the ICSID Arbitration Rules / UNCITRAL Transparency Rules), and the rules are also silent on third party…
El Salvador, Towards An Arbitration Friendly Jurisdiction
…of El Salvador was amended and now the arbitral awards can be subject to Appeal before the courts. However, there are still many arbitration proceedings (national and international) taking place…
Mauritian Supreme Court Robustly Rejects Challenge to Arbitrator Jurisdiction
…Supreme Court applying the IAA, particularly taking into account the recent clarifying amendments to the IAA (not in issue in this case) and the new Rules of the Supreme Court….
ASEAN, Asia-Pacific, Enforcement, International arbitration, Investment protection, New York Convention
Myanmar Accedes to the New York Convention
…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…
IBA Guidelines On Party Representation In International Arbitration
…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…
Miss Moneypenny vs. the Fourth Musketeer: the Role of Arbitral Secretaries
…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…
Belgium Adopts a New Law on Arbitration
…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…
Commercial Arbitration, Domestic Courts, Interim Orders, Pro arbitration, Provisional measures, United States
When Will US Courts Grant Provisional Remedies When a Dispute is Governed by an Arbitration Agreement?
…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…
Annulment, Applicable Law, Arbitral seat, Arbitration, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Enforcement, Latin America, Seat of the arbitration, Set aside an arbitral award, Set aside an international arbitral award, South America
An Unusual Motion against Arbitration Awards in Latin America
…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…
Dubai Court of Cassation finds against recoverability of Counsel fees in DIAC arbitration
…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…
Arbitrating Commercial Disputes in Brazil: Necessary Clarifications
…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…
Class Arbitration In The United States Survives Another Battle, But Will It Survive The War?
…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…
What Palestinian Statehood May Mean for Foreign Investors in Palestine
…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…
Mediation of Investor-State Disputes: Revisiting the Prospects
…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…
Annulment: What Are the Rules on the Rules?
…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,…
New Ruling on Arbitration Agreements in Colombian State Contracts
…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…
Arbitration, Conciliation, Confidentiality, Dispute Resolution, Investment Arbitration, Uncategorized
A Rethink of Investor-State Dispute Settlement
…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,…
The proposal for reviewing the Brussels Regulation and the new Regulation No. 1215/2012 after the West Tankers decision: a new step back for arbitration?
…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…
Appointment of arbitrators, Arbitration, Arbitration Institutions and Rules, Arbitrator Challenges, Arbitrators, Availability of arbitrators, Confidentiality, Expert evidence, Interim Orders, International arbitration, Joinder
The Danish Institute of Arbitration Updates Its Arbitral Rules
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…
The Rompetrol Group NV v Romania – treaty protections triggered by maltreatment of company officers
…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…
Are We Beyond The Model Law — Or Is It Time For A New One?
…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…
Arbitration Institutions and Rules, ICSID Convention, Investment, Investment Arbitration, South America
Investment Arbitration and Latin America: Irreconcilable Differences?
…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…