…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…
…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…
…[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,…
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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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)…
…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…
…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…
…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….
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…
…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…
…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…
…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…
…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…
