Arbitrating with Indian Parties: Another Twist in the Tale
…alia between Rakesh and other members of the Malhotra family. The SSD also provided for arbitration under the LCIA Arbitration Rules. After a while the members of the Malhotra family…
Search Results for: iba rules on the taking of evidence
Arbitration, Arbitration Institutions and Rules, DIFC, Dispute Resolution, Dubai, International arbitration, Middle East, Seat of the arbitration, Uncategorized, United Arab Emirates
Dubai announces plans to establish Emirates Maritime Arbitration Centre: Do they hold water?
…will take. It also remains to be seen what institutional rules the EMAC Rules of Arbitration will ultimately be modeled on, but there can be little doubt that the founders…
Annulment, Arbitration Agreements, Multi-tiered clauses, Pre-arbitral procedure, Pre-arbitration Dispute Settlement Procedures, Switzerland, Uncategorized
Swiss Supreme Court analyses enforceability of pre-arbitral procedure in multi-tier dispute resolution provision (FIDIC DAB)
…a period of several months. Three members were eventually appointed, but no Dispute Adjudication Agreement was ever executed. Ultimately, in 2013, the Contractor initiated arbitration under the ICC Rules. The…
Who Are the Protagonists in Investment Treaty Arbitration?
…Rules both provide for hearings to be conducted “in camera.” Based on those reasons, the tribunal declined to permit representatives of the United States to attend the hearing on jurisdiction….
Is Legal Reform Enough to Succeed in the ‘Battle of the Seats’?
…rule under the UNCITRAL Model Law and under national legislation adopting it, as well as under recent non-Model Law statutes, and most institutional arbitration rules. In addition, arbitration laws are…
Arbitral Award, Arbitral seat, Brazil, New York Convention, Recognition and enforcement of arbitral award
Brazilian Court Recognizes An Unreasoned New York Arbitral Award
…New York Convention has a specific provision directly regulating unreasoned foreign awards, both procedural rules have provisions whereby recognition and enforcement of foreign arbitral awards may be refused in cases…
Brussels’ Sanctions Against Russia and Moscow’s Retaliatory Measures Through the Eyes of the Arbitrator
…of lois de police, namely rules that proclaim themselves applicable to all situations within their purview, outside the operation of rules of conflict of laws. This, however, is not to…
BIT, Expropriation, Fair and Equitable Treatment, Investment, Investment Arbitration, Investor, Most Favoured Nation (MFN), Switzerland, Treaty, UNCITRAL Transparency Rules
Investment Protection – Swiss Style
…ad hoc arbitration (usually under the UNCITRAL arbitration rules unless the parties agree on a different set of rules). Some BITs contain the additional option to submit the dispute to…
A Call from an Arbitration Activist
…And states have invested much effort in negotiating common rules for international arbitration. We know them as the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards,…
‘Arbitrator Intelligence’ Is Here!
…have collecting dust on your office shelves, cluttering your office drawers, or taking up space on your computer. The second way more closely resembles a global treasure hunt. The site…
Summary Judgment in International Arbitration – No Longer Dismissed?
…disposal of a claim or defence on a summary basis. Further, arbitration laws and procedural rules, including the ICC Rules, generally provide that tribunals may render awards on separate issues….
Enforcement of Arbitration Awards in Ukraine: Chances are Measured
…were secured with the arrest of debtors’ assets in 2013-2014). The report also made it possible to name the arbitration institutes and rules most frequently referred among Ukrainian parties. These…
ICSID Convention, Investment Arbitration, Transparency in investment arbitrations, UNCITRAL Rules on Transparency
Transparency as a Global Norm in International Investment Law
…ICSID Rules and Regulations, and the transparency rules under CAFTA, among others, these elements contribute to transparency becoming a global norm in international investment law. Transparency and the EU Commission’s…
Answers to the Summer Quiz 2014
…updated its rules in 2012. 2. Which of the following arbitration institutions introduced revised mediation rules in 2014? A. LCIA B. ICC C. ICDR D. SIAC Answer: B and C,…
Untying the Knot: Estoppel and Implicit Designation of a Constituent Subdivision or Agency under the ICSID Convention
…not concern designation at all. Recently, the tribunal in the NIKO Resources case turned the tide. Taking the word “designation” into context and comparing it with the word “notification” which…
Anti-suit injunction, Arbitral Award, Arbitration, Arbitration Proceedings, Brazil, Domestic Courts, Domestic law
Interim Measures and Anti-Arbitration Injunctions in Brazil: Answering the Actual Question at Issue
…de Indenização. Further, the Second Arbitration was initiated in spite of the Brazilian courts having considered the evidence and arguments and rendered decisions on the issues discussed in the various…
Key Changes in the LCIA’s new Arbitration Rules
…which has led to a balanced set of Rules.’ This piece will discuss some of the main changes introduced by the new rules. Emergency Arbitrator The new rules provide that…
Women in Arbitration in Brazil
…least one Brazilian party is also evidence of the development of arbitration in Brazil: in 2012, 82 disputes were arbitrated under the ICC Rules, placing Brazil as a country with…
Australia, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor
The “Anti-ISDS Bill” before the Australian Senate
…eight others to give evidence in public hearings that were held (and recorded) on 6 August, and the Committee is due to report on 27 August. Although the Bill is…
The Singapore Approach to Allegations of Awards Infra Petita – BLC and Ors v. BLB and Anor [2014] SGCA 40
…breached the rules of natural justice contrary to s 24(b) of the International Arbitration Act (Cap 143A, 2002 Rev Ed) (“the IAA”). The High Court accepted this argument. It found…
Exhaustion of Local Remedies, International Law, Investment, Investment Arbitration, Investment protection, Investor, NAFTA
The Futility Exception to The Exhaustion Requirement: Apotex v. United States
…provides that “a tribunal established under this section shall decide the issues in dispute in accordance with this agreement and applicable rules of international law.” Under these sources of law,…
Law Commission’s Report to Revamp the Indian Arbitration Experience
…arbitration could not apply to the court for interim measures under Section 9 to secure the assets or for assistance in taking evidence has now been redressed as the parties…
The Birth of a New UAE Federal Arbitration Law: A Long and Difficult Labour
…secular affirmation will be permitted with the tribunal’s consent and a party’s ability to rely on a deviation from the oath-taking procedure under the Evidence Law in order to resist…
KRUPPA V BENEDETTI: WHEN IS AN AGREEMENT TO ARBITRATE NOT AN AGREEMENT TO ARBITRATE? WHEN IT’S AN AGREEMENT TO ENDEAVOUR TO ARBITRATE
…as being further evidence that there was no binding agreement to arbitrate, only an agreement to attempt to resolve disputes by a process of arbitration. The second difficulty was that…