…new set of rules (the “2012 ICC Rules”). The 2012 ICC Rules include Rules 1(2) and 6(2) which state: The [International] Court [of Arbitration] is made the only body authorised…
…in Germany. The German court rules that the arbitration clause is in fact void, as X submits, and the claim can be duly submitted to the German courts, which have…
…taking the realities and sensitivities of developing African states far more into account than traditional BITs. For example, to qualify as a protected investor, criteria such as the amount of…
…courts of OHADA Member States, but also dispute resolution proceedings under OHADA’s own rules of arbitration. Arbitration under the CCJA is available for contractual disputes where any contractual party is…
…order only called for a summary examination of the law and prima facie evidence of the relevant facts (namely the existence of an enforceable award and the existence in Switzerland…
…is arguable, however, that actual practice will eventually combine both, subject to the adoption of relevant implementing regulations by the competent governmental authorities. Taking a closer look, the new Law…
…of evidence is less than fifteen pages. Grounds for refusing to recognize an award is less than twenty pages, and the entire subject of investor arbitration is less than thirty…
…trend continues, American discovery will become an important ancillary mechanism to gather evidence, in addition to and perhaps in lieu of the traditional evidence gathering procedures utilized by foreign or…
…rules (analogous to those in Collins, Dicey & Morris on the Conflict of Laws), comments (that explain the rules) and the all-important “Reporters Notes” (that provide detailed expositions of existing…
…International: 2009) at p. 90) Which actions may be taken proprio motu? According to Rule 41(2) of the ICSID Rules of Procedure for Arbitration Proceedings (“Arbitration Rules”) “The Tribunal may…
…the EU is now taking the lead on external investment negotiations, which means that South Africa and the 27 member EU will need to reach a compromise on a suitable…
…Application of Civil and Commercial Laws (see DIFC Law No. 3 of 2004) and DIFC Rules 2.10, which permits reliance by the DIFC Courts on the English Civil Procedure Rules,…
…international law rules, provided that all disputing parties (or their home states) fall within the UN Security Council territorial ambit of regulation. In the case at hand it is hard…
…the Arbitration Rules. In contrast, a modification of existing rules can only be effected subject to the parties’ agreement, in accordance with minimum standards of fair procedure and to the…
…to Article 40 of the ICC Rules, which specifies in part that “the arbitral tribunal shall act in the spirit of the Rules and shall make every effort to make…
…Latin American and Caribbean States and the European Union, currently taking place in Chile, seems to be an opportunity for the UNASUR (the Union of South American Nations) to discuss…
…and skills of local workers. Clearly, the Government seeks to attract investments requiring substantial funds. Stricter rules, yet to be adopted, may apply to investments in so-called ‘restricted sectors’. These…
…case held that the claimant needed to adduce “clear and convincing evidence” that the parties to the investment treaty intended that the umbrella clause elevate a contract breach to the…
…and shorter. New editions of institutional arbitral rules were introduced by the SIAC in 2010, the ICC in 2012, and the HKIAC’s revised Administered Arbitration Rules (Draft HKIAC Rules) are…
…waiver. A complex antitrust claim invariably requires economic evidence, including an expert report concerning liability and damages. The merchants had submitted an affidavit of an expert economist who compared the…
…that generated over 220,000 pages of evidence, the Ecuadorian court ordered Chevron to pay $18 billion to clean up the environmental damage. An Ecuadorian appellate court affirmed the decision in…
…of claims against governments have become even more important and occur more frequently than actual claims. There is evidence that proposed and even adopted laws on public health and environmental…
…duty to serve the international business community in this respect by taking timely measures to develop principles and rules to regulate TPF. Some other participants also called for initiatives by…
…on Counsel Conduct could no doubt facilitate this process, in much the same way the IBA Rules on the Taking of Evidence in International Arbitration assist parties and tribunals in…
