…an explicit twist in this regard. Each country’s implementing legislation deems an award to be in conflict with public policy where a breach of the rules of natural justice has…
…95(b); Amto v. Ukraine, Arbitration no. 080/2005 SCC Rules, Final Award of March 26, 2008, para. 110; EDF (Services) Limited v. Romania, ICSID Case no. ARB/05/13, Award of October 8,…
…as a direct result of AEC taking an economic interest in Block 15.”[3] Thus, the Caducidad Decree was disproportionate to its objective. The tribunal noted that the principle of proportionality…
…commercial claims under the auspices of international arbitration institutions? Many arbitral rules have recently undergone rigorous review and changes from appointed committees, such as the ICC Arbitration Rules. However, no…
…later, Y initiated arbitration proceedings against X under the ICC Rules. The seat of the arbitration was Geneva. As in Vivendi vs. Elektrim, the issue was whether the arbitral tribunal…
…agreement, the defendants commenced arbitration proceedings under the Singapore International Arbitration Centre Rules 2010 (SIAC Rules). They successfully applied to the tribunal for an interim order under r26.1 of the…
…to build a regional court of arbitration on a par with those well-known centres in other jurisdictions, with the fundamental aim of taking advantage of Spain’s privileged position in the…
…CIETAC arbitration, therefore, in order to avoid triggering the application of the procedural rules set out in Article 21 (1) of the CIETAC Rules 2012 and to achieve the best…
…the rules of natural justice, there is a possibility that a court may extend the time frame for bring a setting aside application to prevent injustice. (c) A challenge of…
…New York Convention itself. Instead, the Court of Cassation confirmed that it had no reason to doubt the findings of the previous courts on the subject-matter, no new evidence having…
…settlement. In other words, they could have given us some eggs. Next post: Arbitral Institutions and Party Expectations, Part 2: the Rules of Arbitration of the Finnish Chamber of Commerce…
It must be an arbitrator’s nightmare: Imagine a high-stake arbitration that goes on for years, the entire distance, including witness hearings and expert evidence, only for the final award to…
…from the IBA Rules on the Taking of Evidence in International Arbitration (“IBA Rules”) and the limited case precedent on this topic. These principles are as follows: (1) a deposition…
The addition of the good faith requirement to the 2010 IBA Rules on the Taking of Evidence in International Arbitration has been criticized in a recent law review article. In…
…arbitration clause providing for arbitration of any disputes under the AAA rules. Page fourteen of the agreement also had a separate provision stating the following: COSTS, DAMAGES, AND ATTORNEYS’ FEES….
…will retain the 2005 CIETAC rules, whereas CIETAC Shanghai published its own “Shanghai Rules”, based on the 2005 CIETAC rules. In return, CIETAC Beijing has withdrawn the authorization to the…
…enforcement. Arbitral tribunals refuse to restore proceedings as the restoration is not envisaged by the rules. The courts also believe that they have no legal grounds for interference with arbitration….
…accordance with the International Arbitration Rules of the Zurich Chamber of Commerce with seat in Zurich, under exclusion of the ordinary state courts.” Ms. Y transferred an amount of EUR…
…concentration of authority, and exclusion of new players, including women. As to the second issue, the sustainable participation of women in arbitration, we have anecdotal and circumstantial evidence, if not…
…v Australia Builders Labourers Federation Union of Workers (WA) (No2) 1993 46 IR 301). In England, costs are always in the court’s discretion, under Rule 44.3 of Civil Procedure Rules….
…witnesses and determine the production of expertises and other evidence deemed necessary, either ex officio or at the parties’ request. (…) Fourth Paragraph: With the exception of the provisions of…
…few rules within the scope of the subject of damages in international law that are better settled than the one that compound interest is not allowable.” This is, among other…
…is not expressly defined in COGSA. However the term “sea carriage document” is defined in the Hague-Visby Rules, a set of international rules for the international carriage of goods by…
…interpretation to the concept of public policy as understood in the UAE, without – however – taking account of the particular conceptual and procedural nuances commonly attributed to public policy…
