…be interesting to see how the question of confidentiality of the arbitral proceedings will be handled where the relevant arbitration law/rules prescribe such. The proposed Regulation sets wide-ranging reporting/consultation requirements…
…to achieve a fair and just result by taking into account all relevant circumstances.” Article 6(2) provides that the PCA’s Optional Rules for Arbitrating Disputes between Two States are to…
…looking at investor-state arbitration, specifically under the rules of the ICC. The ICC has been working hard to build up its profile in the international arbitration niche, investor-state arbitration. Unfortunately,…
…arbitration rules such as UNCITRAL (2010), ICC (2012), Swiss Rules on International Arbitration (2012), CIETAC (2012) specifically point out the milestone that such a truncated situation will only be considered…
…proposed options are not acceptable. Arbitration is only admissible under ABCD rules, in [city of customer]. Please confirm by COB today you will withdraw your exception to the arbitration clause…
…Final Award on Jurisdiction and Merits, Ad hoc – NAFTA/UNCITRAL Arbitration Rules, para. 7 Australia and Uruguay might therefore argue that, even if there had been a substantial deprivation of…
…and enforcement of an arbitral award issued in August, 2000 under the Arbitration Rules of the International Centre for Dispute Resolution/American Arbitration Association (“ICDR/AAA”). Under such arbitral award, the arbitrators…
…rules concerning governance, freedom of commerce, trading in wealth, rules of personal property and provisions and foundations on which the society is based in a way that do not violate…
On 13 January 2011, the Belgian Supreme Court (Cour de cassation/Hof van cassatie) ruled that an arbitral award could be set aside by a Belgian judge on the basis of…
…evidence located in the United States for use in an arbitration seated in another country. Consorcio Ecuatoriano de Telecomunicaciones S.A. v. JAS Forwarding (USA), Inc., No. 11–12897, 2012 WL 2369166,…
…a private commercial arbitration tribunal in Ecuador used by the parties to resolve a commercial dispute is a ‘tribunal’ for purposes of the collection of evidence pursuant to Title 28…
…Chamber of Commerce (SCC) Rules were the most popular institutional rules among all companies in the survey. Similarly to the results in 2010, companies clearly prefer the rules of the…
…are prohibited from disclosing the existence, nature and content of the arbitration proceedings (including documents and other evidence produced during them) to third parties. The extent to which any arbitration…
…not sufficient to prevent enforcement in the Netherlands. Moreover, in this particular case, the Court of Appeal noted that there was evidence that the decision of the Russian court was…
…negotiating parties. These include Australia’s reluctance to include investor-state arbitration; Singapore and Vietnam’s hesitancy regarding stronger disciplines for SOEs; Vietnam’s concerns with textile rules of origin; and broad opposition to…
…in the treaty to the UNCITRAL Arbitration Rules shall be presumed to include the Rules on Transparency, unless the Parties to the treaty have agreed otherwise, such as through a…
…elaborate rules on how to arbitrate maritime disputes. The Rotterdam Rules, in other words, distinguishes between parties who need the protection of its rules and those who are able to…
…did not contest evidence of the NPA’s independence from Liberia–including evidence that the NPA was responsible for its own finances, that it received no funding or subsidies from the Government…
…the joint decision in relation to the treaty text, the relevant applicable law to the treaty, or States’ own prior historical practices that evidence their understanding of the treaty standards…
…discretion to act in furtherance of the national interest without violating trade rules. As such, Member States quite often can advance national objectives without the need to invoke the security…
The revised Swiss Rules of International Arbitration (“Swiss Rules”) enter into force today, 1 June 2012. While some general background has been given elsewhere (see here), the following specific features…
On 1 June 2012, the new revised version of the Swiss Rules of International Arbitration (“Swiss Rules”) will come into force. According to Article 1.3, the new Rules will apply…
…date. Of the eighty-seven proceedings, seventy-eight were initiated under the ICSID Arbitration Rules, of which two were initiated by the state party against the foreign investor. Six proceedings were initiated…
…at resolutions of commercial disputes, with a particular focus on international commercial arbitration. The aim was to make Spain a leader in the field, taking advantage of its influence in…
