Arbitration and the Power Sector in Brazil
…force majeure as grounds for exclusion of liability in the course of an agreement should be entertained and decided taking due account of such specific characteristics of the power market….
Search Results for: iba rules on the taking of evidence
CIETAC’s Internal Conflicts: A Chronology of Events and Practical Implications
…and Trade Arbitration Commission Shanghai Commission/ Shanghai Sub-Commission/Shanghai Branch. A Chronology of Events The conflict was triggered by the introduction of the CIETAC Arbitration Rules 2012 (the CIETAC Rules 2012),…
Rationalizing applicable law in investor-State disputes in absence of express choice of law under Article 42 (1) of ICSID Convention – Part II
…the pool of rules from which the tribunal may select the particular rules appropriate for application in the concrete factual situation. Which rules would be proper for application is thus…
Brazilian Arbitration Law: In Need of a Facelift?
…following matters: public administration and public entities, corporate disputes, consumer law, labour law, international arbitration, provisional measures, third-party arbitration, appointment of arbitrators, evidence in arbitration, recognition and enforcement of foreign…
The Paris Arbitration Rules: A New Generation of Rules?
…the lightness of the Rules than the speed of the process. These Rules present themselves as a short set of rules addressed essentially to experienced international arbitration users, therefore relying…
Recent Trends in State Immunity
…cassation, recently extended the application of particular rules relating to the scope of sovereign immunity in the context of an express waiver given by a State. The case built upon…
Rationalizing applicable law in investor-State disputes in absence of express choice of law under Article 42 (1) of ICSID Convention
…to a significant extent similar to the one in Scenario 2. The primary applicable rules would be those particular rules governing the nexus-based relationship. Since the nexus is a national…
Legislative Proposal to Modernize Dutch Arbitration Law Submitted to Parliament
…be up to the parties to include a confidentiality provision in their arbitration agreement, or to opt for a set of arbitration rules that include such provision. Also the idea…
In Someone Else’s Shoes: Are the Investor’s Rights His Own or Those of the Home State?
…para. 44; Gas Natural SDG, S.A. v. Argentina, ICSID Case No. ARB/03/10, Decision on Jurisdiction, June 17, 2005, para. 34; BG Group Plc. v. Argentina (UNCITRAL Arbitration Rules) Final Award,…
Domestic law, Enforcement, International arbitration, Jurisdiction, kompetenz-kompetenz, New York Convention
New Romanian Arbitration Law: what is really new?
…special provisions regulating institutional arbitration. These provisions state that the parties’ choice of an arbitration institution triggers the automatic application of the rules of arbitration of that institution. Moreover, it…
Arbitration, Asia-Pacific, Commercial Arbitration, Domestic law, Hong Kong, Legislation, National Arbitration Laws, Pro arbitration
Hong Kong tables amendments to arbitration law
…Arbitration Rules, due for release later this year. Although the amendment was initially prompted by the anticipated change to the HKIAC Rules, it will allow Hong Kong courts to enforce…
Getting to Know You
…minimum, they are taking notice, since several international institutions are represented on IMI’s board (AAA/ICDR, ICC, BCDR, and JAMS). If institutions do not make performance feedback available, it is likely…
Gateway Issues in International Arbitration
…surprising that the court found it difficult to identify evidence of the intent of the contracting parties vis-à-vis the arbitrability question given that neither of the parties negotiated the treaty…
Applicable Law, Arbitral Tribunal, Arbitration, Arbitration Awards, Investment agreements, Investment Arbitration, Uncategorized
Should Investment Treaty Tribunals Fly in Flocks? Predictability and Consistency in Arbitral Decision Making
…arbitrator used the example of the condor—flying high in the sky, with clear-sighted vision taking in the expanse of the territory below it. Using animal and bird metaphors for arbitrators…
LIABILITY OF COUNSEL IN INTERNATIONAL ARBITRATION: Any Changes?
…with limited actual changes. In 2011, the IBA released their latest guidelines on this area, entitled The IBA Principles on Conduct for the Legal Profession (referred to generally herein as…
ACHMEA II – Seizing Arbitral Tribunals to Prevent Likely Future Expropriations: Is it an Option?
…in December 2012 [Achmea v Slovakia, PCA Case No 2008-13, Award of 7 December 2012 (not public); Achmea press release, “International arbitration tribunal rules in favour of Achmea”, 7 December…
Arbitration, Arbitration Awards, Arbitrators, Federal Arbitration Act (FAA), Uncategorized, United States
The Different Meanings of an Arbitrator’s “Evident Partiality” Under U.S. Law
…failure to disclose them as required by the ICC rules. Ometto v. ASA Bioenergy Holding A.G., 2013 WL 174259 at *2 (S.D.N.Y. 2013). Relying principally on the Ninth Circuit case…
Finality Confirmed, Constitutionality Upheld: Major Victory for International Arbitration Community in Australia
…a branch of the judiciary. TCL also submitted that Article 28 of the Model Law required the Tribunal to correctly apply the “rules of law as are chosen by the…
Appointment of arbitrators, Arbitral Tribunal, Arbitration, Arbitration Agreements, Arbitration Awards, Arbitration clause, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Consumer contracts, Costs in arbitral proceedings, Discovery, Dispute Resolution, Dispute resolution clause, Efficiency, International arbitration, Mediation, Pre-arbitration Dispute Settlement Procedures, Uncategorized
What Does the Fortune 1,000 Survey on Mediation, Arbitration and Conflict Management Portend for International Arbitration?
…or durable results. These data may mirror anecdotal evidence that mediation is often subject to manipulation by attorneys seeking to prolong or frustrate the dispute resolution process or “spin” mediators….
Recent ruling of Dubai Court of First Instance on enforcement of foreign arbitral awards: Back to square one?
…of First Instance relates to the enforcement of a trilogy of awards rendered under the Arbitration Rules of the International Chamber of Commerce (ICC) International Court of Arbitration in Paris…
BIT, ICSID Convention, International Law, Investment, Investment agreements, Investment Arbitration, Investment protection, Jurisdiction, Treaty Shopping
Drawing a Line: Corporate Restructuring and Treaty Shopping in ICSID Arbitration
…notification so as to be aware of the consequences. Or, if this requirement is not observed, this may well serve as evidence of bad faith. Additionally, in cases of internationalization…
Impact of Brussels I’s Recasting on Arbitration: Putting Enforcement Problems on Statutory Basis (Part II)
…of the Regulation rules, including with respect to enforcement matters. Such a treatment should not be a surprise since the German case may easily be regarded as a claim against…
Arbitration, Arbitration Act, Domestic Courts, Domestic law, Enforcement, Europe, Evidence, Interim Orders
State Court Assistance Moving Forward in Portugal?
…of court assistance on this subject, and also in what concerns the assistance in taking evidence, the new Portuguese Voluntary Arbitration Law provides a full regulatory framework, taking a step…
Anti-arbitration, Arbitral seat, Arbitration Institutions and Rules, Dispute Resolution, International arbitration, Mediation, Uncategorized
A Dispute with a View
…like Italy, the prevailing model seems to be every city equipped with its own rules and panel of arbitrators and mediators. This approach promotes local commerce by promoting prominent local…