…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…
…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…
…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…
…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…
…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…
…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…
