…and (6) Present case law and evidence. Practical Points (1) Do not overstate your case; (2) Occupy the defensible terrain; (3) Yield indefensible terrain; (4) Communicate clearly; (5) Appeal not…
…this concern. The recently revised arbitration rules of the LCIA – which will go into effect on 1 October 2014 – provide that the law of the arbitration clause will…
…who comes closest) wins a dinner in Florence (travel and hotel costs excluded) and, if they wish, their name published here. Rules, Rules, and Guidelines 1. Which one of the…
…the actual value of the cargo supplied, as put forward by expert evidence, rather than the discounted value of the cargo claimed by Petex. Subsequently, Petex assigned its rights under…
…use of the service rendered by the arbitrator (e.g. repetition of the proceedings). Comment Under Austrian law the terms of reference are covered by specific procedural rules in the Austrian…
…the arbitral tribunal and the arbitration proceedings had to be conducted as per the UNCITRAL rules. At this stage I would like to explain the test of the implied exclusion…
…to the ICC Rules of Arbitration) and Buhler and Webster (Handbook of ICC Arbitration). The contractual approach holds that since the arbitration agreement refers to in casu the ICC-Rules, these…
…appearance. In addition, the arbitral tribunal rendered its decision on jurisdiction by taking into account ‘usages conforming to the needs of international commerce, in particular, in the presence of a…
…in the absence of such treaty on the basis of the principle of reciprocity which existence is presumed by the domestic rules of civil procedure (the Code of Civil Procedure…
…the changes made in the 2012 revision to the ICC Rules in order to respond to user comments and to complaints about time and cost in arbitration in particular, was…
…companies”, as asserted by Jean Kalicki in discussions held at the IBA Annual Conference, 2013, in Boston. IBA panel shares arbitration tips for energy lawyers, Global Energy Review (October 14,…
…Limited (“PSM”), a Pakistani state owned steel manufacturer, in an arbitration conducted under the arbitration rules of the ICC. Following the award, PSM did not pay SFI. SFI was unable…
…Beechey (President of the ICC International Court of Arbitration) launched the conference, noting that the ICC Rules of Arbitration (“ICC Rules”) require parties and arbitrators to conduct cases in a…
…DIFC also maintains an arbitration centre, the DIFC-LCIA, a sister organization of the London Court of International Arbitration, which administers arbitration proceedings under the DIFC-LCIA Rules of Arbitration. The draft…
…Procedure in its revised International Arbitration Rules And now the ICDR is itself taking a step in the direction of speed by including an expedited procedure within its new International…
…shall be submitted to arbitration by the International Chamber of Commerce (‘ICC’) Court of Arbitration according to its arbitration rules, by one or more arbitrators. The place of jurisdiction shall…
…some Latin American countries seem to be taking conciliatory steps and projecting a more investor-friendly stance. Indeed, one of the most traditionally hostile countries regarding the enforcement of ICSID awards,…
…transactions, the parties’ contract stipulated arbitration under the rules of a leading arbitration institution. Not surprisingly, the rules did not contemplate that the parties might want to draft their own…
…Arbitration Rules. On June 12, 2013, Claimant submitted a proposal to disqualify Dr. Torres Bernárdez pursuant also to Art. 57, ICSID Convention and Rule 9, ICSID Arbitration Rules. Claimant indicated…
…then transferred for enforcement immediately”. Rules of Evidence Unlike the CIETAC Rules which contain no provision on rules of evidence and merely empower the tribunal to specify the time period…
…in the creation the Model Law, the UNCITRAL Rules, the New York Convention, the ICSID Convention, and other instruments which were written during international arbitration’s foundational era of the mid-1950’s…
…interesting aspects of White Industries, and their implications, in a digestible manner. Background White Industries arose from a commercial arbitration under the ICC Rules which resulted in an ITA under…
…award “purports” to have been made or a duly certified copy of that agreement. […] … the production of those documents in the present case constitutes prima facie evidence of:…
…procedure for summary dismissal of unmeritorious claims under Rule 41(5) of the ICSID Arbitration Rules. The present post examines shortly this procedure as well as the implications of the above…
