…Emirate. There is no separate arbitration law in the UAE and instead rules relating to arbitration are contained with the UAE Civil Procedure Code (UAE Federal Law No 11 of…
…within the FSIA, such as the commercial assets requirement. Mr. Mascarenhas also discussed obtaining provisional measures from arbitral tribunals to secure enforcement. He explained that certain institutional rules provide avenues…
…rules governing arbitral awards. Moreover, filing an arbitral award under seal with a federal court must be done at the outset of a vacatur or enforcement application and usually becomes…
…a number of mandatory rules and principles for the latter category. These mandatory rules, however, are limited to procedural requirements for arbitration agreements pertaining to the State Contracts. (Law No….
…taking place in open court, which sometimes encourages a tendency to play to the gallery. The practice of international arbitration may seem a natural side practice for litigators given the…
…Article 4.7 of the IBA Rules on the Taking of Evidence in International Arbitration may have been of assistance. This provision – not mentioned in the judgment – addresses this…
…their arguments and what they relied on in support of their propositions. The secretary has the record at his or her fingertips and can pull out the required evidence at…
…and rules stipulated in the Rules of the [DIFC] Courts, including any objections to execution. The execution judge may not reconsider the merits of the judgment, decision or order; (d)…
…to report on their real-live encounters with the following instruments and notions: IBA Rules on the Taking of Evidence, IBA Guidelines on Conflicts of Interest, IBA Guidelines on Party Representation,…
…the institutional rules (notably the rules of the Dubai International Arbitration Centre (DIAC)). Authority to enter into arbitration agreements Egypt Article 11 of the Arbitration Law provides that arbitral agreements…
…and of disputes arising out of treaties, by arbitration, mediation, and other forms of alternative dispute resolution mechanisms (ADR); (b) the preparation and issuance of rules and procedures required for…
…term “suit” was again defined by Supreme Court in Patel Roadways Limited v. Birla Yamaha Limited4)(2000) 4 SCC 91 , as “a generic term taking within its sweep all proceedings…
…state-owned enterprises (SOEs). Recent evidence indicates that to a certain degree, the expansive trends of foreign private investment have not left this industry intact. For example, the UK, having relaxed…
…application and furnishing the court with evidence of assignment of rights in contractual or other relations which were subject of arbitration proceedings. Thus, as substitution of an applicant is possible…
…that the Indian judiciary is taking a pro-arbitration approach in its decision. Moreover, these recent developments have led to calls for changing rule to permit foreign lawyers to participate in…
…be submitted to arbitration with Beijing Arbitration Commission according to its arbitration rules.” Sinovel’s motion was later denied by the Beijing Intermediate People’s Court. Sinovel then filed an appeal of…
…form of dispute resolution besides the available recourse to the state court. Arbitral institutions based in the Netherlands are expected to amend their arbitration rules to bring them in line…
…EC Regulation No. 44/2001, such right prevailing over domestic rules recognising the defendant’s right to be sued in arbitration in accordance with an arbitration clause. More specifically, according to the…
…example of the English courts taking a very robust position to challenges to the enforcement of foreign arbitration awards, even when those challenges relate to allegations of bribery. Background In…
…(“WIPO Rules”) and WIPO Expedited Arbitration Rules. The revised rules will enter into force on 1 June 2014 and apply to all WIPO arbitrations commenced on or after that date….
…the standard customer agreement used by Charles Schwab & Co., Inc. In overturning the earlier decision, the Board of Governors focused on the FINRA arbitration rules, which explicitly bar class…
…have been regarded since their publication in May 2013 as fairly controversial. The IBA Rules on the Taking of Evidence were perhaps regarded with as much scepticism upon their release,…
…likelihood of an arbitrator having a state of mind or prejudgment that favours one side in the dispute; (iii) make proceedings public (this includes documents, records, evidence, hearings and awards)…
…in FCC Arbitration allow secretaries to research legal and technical matters but prohibit them from participating in deliberations and drafting awards. • ICSID’s Arbitration Rules preclude ICSID secretaries from attending…
