The Self-Judging WTO Security Exception
…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…
Search Results for: iba rules on the taking of evidence
Entry into force of the revised Swiss Rules of International Arbitration – 1 June 2012
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…
Arbitration, Arbitration Agreements, Arbitration clause, Arbitration Institutions and Rules, Arbitration Proceedings, Commercial Arbitration, International arbitration
Revised Swiss Rules of International Arbitration Enter Into Force
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…
Africa’s track record in ICSID proceedings
…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…
Arbitration in Spain: state of affairs
…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…
Arbitration Act, Arbitration Agreements, Arbitration clause, BIT, Confidentiality, Dispute resolution clause, Investment Arbitration
Scope of arbitration clauses and carve-out clauses: erring on the side of caution or on the side of daring?
…Rules, Article 43.1 of the DIS Rules and Article 73 of the WIPO Rules) or applicable law (e.g. English, New Zealand, Singaporean and Spanish law). Further, depending upon the scope…
CONFIDENTIALITY: Not To Be Overlooked When Drafting the Arbitration Clause
…require the parties to, very few have an all-encompassing, mandatory confidentiality provision; Although, the LCIA does appear to have such a clause (see LCIA Arbitration Rules Clause 30). Also note…
Bae, Kim & Lee publishes Arbitration Law of Korea: Practice and Procedure (Juris 2012)
…in international arbitration. The reason was as much an accident of history as my taking that first case. The Asian Financial Crisis of the late 1990s had ravaged Korea’s economy….
India gives Hong Kong a golden opportunity
A recent administrative event in Delhi may have profound implications for the ongoing rivalry between Singapore and Hong Kong as Asia’s arbitration hubs of choice. On 19 March 2012 India…
Social Media and Arbitration Conflicts of Interest: A Challenge for the 21st Century
Section 3.3.6 of the IBA Guidelines on Conflicts of Interest in International Arbitration advise that when a “close personal friendship exists between an arbitrator and counsel of one party, as…
Appointment of arbitrators, Arbitral seat, Arbitration Institutions and Rules, Arbitrators, Efficiency, International arbitration, Mediation, Seat of the arbitration
Key changes to the CIETAC Arbitration Rules
…of evidence – is reserved to the competent Chinese court. The current position under the CIETAC Rules, therefore, which is reflected in Article 21.1 of the 2012 Rules, is that,…
Job Posting: Managing Editor of ITA Arbitration Report of Kluwer Arbitration
As many of you know, I am the General Editor of the ITA Arbitration Report of KluwerArbitration.com database, the primary online research portal for international arbitration practitioners. On behalf of…
Singapore’s International Arbitration Act 2012 vs Hong Kong’s Arbitration Ordinance 2011
…SIAC Rules. There is no corresponding provision in the AO. V. Other Differences It is also interesting to note various areas that the Singapore Ministry of Law has sought public…
CAS Decision sanctioning a ban by FIFA of a football player violates public policy
…ordered that Matuzalem be banned from taking part in any kind of football-related activity. The order of the FIFA Disciplinary Committee was confirmed by CAS with its decision of 29…
Jerusalem Arbitration Center: Merchants of Peace
Last week I had the good fortune to attend a reception in Washington D.C. with various arbitration luminaries announcing the inauguration of the Jerusalem Arbitration Center. With almost $5 billion…
Arbitration Institutions and Rules, Arbitration Proceedings, ICSID Convention, International arbitration, International Courts, International Law, NAFTA
New Scholarship: The Rules, Practice, and Jurisprudence of International Courts and Tribunals
The Rules, Practice, and Jurisprudence of International Courts and Tribunals (Martinus Nijhoff Publishers, 2012) has just shipped. I am the (proud) editor and a contributor of the book and am…
NLRB Opens a New Chapter in Class Arbitration Saga
…a procedure for enforcing rights that is found in the Federal Rules of Civil Procedure, (ii) is not expressly mentioned by the NLRA, and (iii) depends on the inherent discretion…
Canadian Supreme Court Sends Dispute to Arbitration Despite the Filing of a Defence in Court Litigation
…State of North Carolina by means of arbitration. In bringing its motion, the respondents relied upon Rule 21.01(3)(a) of the Ontario Rules of Civil Procedure in which a defendant may…
Hold on to your seats! A settled test for the proper law of arbitration clauses?
…matter leads to the imposition of an English seat under the LCIA Rules, (Article 16.1 LCIA Rules) or, perhaps less commonly, under the ICC Rules. (Article 18 ICC Rules (in…
Consultation on revision of Dutch arbitration law opened
…state court to suspend the annulment proceedings and remit the matter to the consideration of the arbitral tribunal by reopening the arbitral procedure or taking other measures. Another proposal is…
Arbitration, Arbitration Institutions and Rules, BIT, Class arbitration, International arbitration, Investment agreements, Investment Arbitration, Investment protection
Arbitration in Times of Crisis
International arbitration has long played an important role in resolving disputes that arise out of political and economic crises. “Arbitration in Times of Crisis” is the theme of the 9th…
Arbitration Agreements, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Domestic Courts, International arbitration, Other Issues, Suggestions to improve transparency and access to usable data, Transparency in investment arbitrations
2012 Queen Mary / White & Case International Arbitration Survey Launched
…• Organising arbitral proceedings: How procedural meetings are convened, the use of the IBA Rules on the Taking of Evidence in International Arbitration, experiences and expectations regarding the role of…
Third-Party Funding in Arbitration: Innovations and Limits in Self-Regulation (Part 2 of 2)
…if the adjudicator ultimately rules in the defendant’s favor and awards costs against the impecunious claimant. The concerns highlighted by the ILR and EJF center on litigation, but recent debates…
Third-Party Funding in Arbitration: Innovation and Limits in Self-Regulation (Part 1 of 2)
…Code. The Code also loosely defines the role of the Funder, and the limits of its role.. The Funder must refrain from taking steps “likely to cause” the Litigant’s attorney…