…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…
…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….
…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),…
…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…
…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 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…
…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…
…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…
…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…
…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,…
…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 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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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….
