Pieter Sanders, 1912-2012
…UNCITRAL organized a conference to talk about the 1976 Rules in which his hand had been so dominant. Many speakers, thinking no doubt that they were flattering the master, seemed…
Search Results for: iba rules on the taking of evidence
Weighing the interests of host-state and investor — a further blow to domestic litigation provisions in BITs?
…[the Claimants] and for the courts” and would have caused “substantial delay” if the Claimants had needed to initiate individual claims before the local courts. Taking those considerations into account,…
Reflections on a Very Specialized Tribunal
On a recent brief holiday in Valencia, I was able to attend a session of the Tribunal de las Aguas de la Vega de Valencia, the “Water Court” or Tribunal…
Pieter Sanders, 1912-2012
…Guide to the Interpretation of the New York Convention, exchanged views on the drafting of the 2010 UNCITRAL Arbitration Rules and filmed an extensive interview to mark ICCA’s 50th Anniversary…
Swiss Parliament Initiates Review Process of the Swiss Arbitration Law
…official language in setting aside and revision proceedings before the Swiss Federal Tribunal. Further topics of discussion related to the simplification of the rules concerning the intervention of the juge…
Memories: Pieter Sanders – Centenarian
…of ICCA in 1961 and its president for many years; drafter of the 1976 UNCITRAL Arbitration Rules; General Editor of the ICCA publications (in particular the Yearbook Commercial Arbitration); drafter…
Anti-arbitration: and the survey says….
…general consensus reported by the survey. Most of those responding said they believe that tribunals should award costs to the prevailing party (80%); that the IBA Rules on the Taking…
The Bharat Aluminium Case: The Indian Supreme Court Ushers In a New Era
…matter to arbitration where either a serious allegation of fraud has been made or there are complicated questions of fact or law that require extensive oral or documentary evidence.9)See N…
Arbitration, Arbitration Agreements, Arbitration clause, Brazil, Domestic law, English Law, International arbitration, Law governing the arbitration agreement, Seat of the arbitration, UNCITRAL Model Law
Further Thoughts on Sulamerica: What About Transnational Rules?
…resolution process, subjecting the arbitration agreement to transnational rules—i.e. rules that are very widely, if not unanimously, followed in states that support the international trading system—seems to be a more…
Is Sports Arbitration “Infirm” and “Kafkaesque”? Lance Armstrong Puts Arbitration on Trial
…order production of documents and to subpoena documents and witnesses. Unlike in a criminal trial, the USADA would not have to turn over exculpatory evidence. In fact, exculpatory evidence does…
Arbitration Institutions and Rules, Commercial Arbitration, ICC Arbitration, International arbitration, Investment Arbitration
The ICC New York Conference: Releasing a New Report
…notably of concern to states when they are parties to arbitration and either (a) explains new provisions in the ICC Arbitration Rules 2012 which now addresses these concerns, or (b)…
Confidentiality, Confidentiality and Transparency, Costs in arbitral proceedings, ICC Arbitration, ICSID Convention, Investment Arbitration, NAFTA, Not-for-profit organizations (NGO), Transparency in investment arbitrations, UNCITRAL Model Law
The Prospects for Amicus Submissions, Outside the ICSID Rules
…BITs allow some possibility of using the ICC Rules, either by expressly providing that option or by allowing the parties to agree on an institution and rules beyond those specified…
Marking their Territory: Bharat Aluminum v Kaiser Aluminum Technical Services (2012)
…Bhatia International v Bulk Trading (2002), the Supreme Court held that Indian courts do not have supervisory authority over international arbitrations taking place outside India. The Court examined and defined…
Can Governments require foreign investors to invest a specific amount in research and development on an annual basis? A first look at Mobil Investments Canada Inc. and Murphy Oil Corporation v. Government of Canada
…CBC News. The NAFTA proceedings were administered under ICSID’s Additional Facility rules NAFTA, with a Tribunal composed of Prof. Hans van Houtte (President), Prof. Merit Janow and Prof. Philippe Sands….
Arbitration, Arbitration Awards, Arbitration Proceedings, Commercial Arbitration, Domestic Courts, Russia
The Supreme Arbitrazh Court of the Russian Federation rules on the validity of dispute resolution clauses with a unilateral option
and Julia Popelysheva, Clifford Chance LLP Introduction On 19 June 2012 the Presidium of the Supreme Arbitrazh Court of the Russian Federation (“SAC RF“) issued a decree (“Decree“) in case…
Why numbers matter
…provision to the one adopted in Article 5(4) of the LCIA Rules would maintain the presumption that a sole arbitrator be appointed in the absence of an agreement on the…
Arbitration, Domestic Courts, Enforcement, Middle East, New York Convention, Public Policy, Review on the merits
Enforcement of New York Convention Awards in the UAE (Part II): THE DIFC as “host” jurisdiction?
…DIFC in accordance with the procedure and rules adopted by such entities in this regard, as well as with any agreements or memoranda of understanding between the Courts and these…
Performance-Enhanced Arbitration? The CAS Ad Hoc Division
…for Sport adopted the current version of the CAS Arbitration Rules for the Olympic Games on 14 October 2003 (the ‘AHD Rules’). The AHD Rules provide that the seat of…
Sports arbitration: does CAS have jurisdiction to hear an appeal filed after the time limit? The question remains open
…appeal before the CAS to be “prima facie convincing”. If this is confirmed, it would be further evidence that within the practice of the Supreme Court, the gap between sports…
Pecunia Non Olet: Why Do We ‘Smell a Rat’ in ICSID Financial Regulation 14(3)(e)?
…Stay of Enforcement of the Award, 7 October 2008, ¶ 39) The procedure is regulated by Article 52(5) of the Convention and Article 54 of the Arbitration Rules. Stay has…
Anti-suit injunction, Arbitration Agreements, Brazil, Enforcement of an arbitration clause, English Law
The Brazilian dispute with the ‘close’ connection to England & Wales
…amount to be paid under this Policy through mediation as above [condition 11], such dispute shall then be referred to arbitration under ARIAS Arbitration Rules. … The seat of the…
Arbitration, Arbitration clause, Arbitration Proceedings, Canada, Consumer contracts, Domestic Courts, Enforcement of an arbitration clause, Pro arbitration
Canadian Courts One Year After Seidel: Pro-Arbitration and Still Holding
…has played a central role by giving a broad interpretation to the scope of arbitral power and taking what all would agree was a pro-arbitration stance. The question is whether…
Quite Extreme Circumstances: Privy Council Determines the $100m Question in La Générale des Carrières et des Mines (‘Gécamines’) v F.G. Hemisphere LLC (‘Hemisphere’)
…of the State of Nigeria) where Lord Denning held that he would ‘look to all the evidence to see whether the organisation was under government control and exercised governmental functions’….
Enforcement of New York Convention Awards in the UAE (Part I): Quo vadis?
…foreign party was set aside by the Dubai Court of Cassation for failure by the arbitrators properly to follow the oath-taking procedure which is mandatory for the hearing of witnesses…