Anti-Arbitration: Get a job, kid!
…are not afraid of taking on challenges they were never taught in school to expect. I still remember lines from the CV’s of those we have hired over the past…
Search Results for: iba rules on the taking of evidence
Arbitrating Competition Law Disputes: a matter of policy?
…inhibit or prevent a national competition authority from investigating any alleged violation of competition rules. In our view, it is very unlikely that arbitration arrangements will deter those involved in…
Kingsbridge Capital Advisors v. AlixPartners: What Confidentiality in Arbitration?
…decided not to include a general duty of confidentiality. Under the new rules, an arbitral tribunal may make orders to enforce confidentiality obligations (art. 22(3) ICC Rules 2012), but the…
Arbitration Agreements, Arbitration clause, Commercial Arbitration, Dispute resolution clause, International arbitration, Jurisdiction of the arbitral tribunal, Partial award, Set aside an international arbitral award, Switzerland
A primer on pathological arbitration clauses in Swiss law
…players. However, on the basis of its internal rules, the Committee declined jurisdiction on the grounds that the agent was a legal person and not a natural person. The agent…
Chevron Ecuador Dispute Heats Up
…Case.” The tribunal was at pains to emphasize the interim award was final and binding under Article 32 of the UNCITRAL Rules, which means that Chevron could pursue recognition and…
Appeals on a Point of Law in the English Courts: Further Restrictions
…no evidence to infer that the driver of the vehicle that struck her was driving negligently, and concluded that the Claimant was not entitled to any compensation. She applied to…
Annulment, Anti-arbitration, Appeal, Arbitration, Arbitration Agreements, Arbitration clause, Arbitration Proceedings, BIT, Foreign Investment Law, ICSID Convention, International arbitration, Investment Arbitration, Jurisdiction of the arbitral tribunal, kompetenz-kompetenz, New York Convention, Pre-arbitration Dispute Settlement Procedures, Principle of finality, Set aside an international arbitral award
The Unavoidability of Uncertainty: One Lesson from the Recent U.S. Court Ruling in Argentina v. BG Group
…more fundamental: a decision about which decision-makers will evaluate challenges, and what rules and standard of review they will use in deciding. By Jean E. Kalicki and Dawn Yamane Hewett…
Discounted cash flows – Part 2, valuation and the financial crisis
…of the returns required by debt holders (cost of debt) (after taking into account the tax benefits of debt finance) and equity holders (cost of equity); this is referred to…
A judge by any other name? Arbitrator challenges in state-to-state disputes
…lack of independence. Mauritius argued, drawing on case law under the UNCITRAL Rules, the LCIA, ICSID, and the IBA Guidelines on Conflicts of Interest in International Arbitration, that an “appearance…
Arbitration Awards, draft Restatement, Enforcement, European Convention on International Commercial Arbitration 1961 (ECICA), Federal Arbitration Act (FAA), forum non conveniens, Inter-American Conventions, New York Convention
December Surprise: New Second Circuit Ruling on Forum Non Conveniens in Enforcement Proceedings
…Rules)].” It seems unlikely that states parties, such as the United States, contemplated application of the IACAC Rules to purely domestic arbitrations in which the disputing parties failed to identify…
Launch of P.R.I.M.E. Finance Arbitration Rules: dispute resolution in global financial markets
…conflicts. The Rules have been tailored to this need by including rules on interim measures and fast track arbitration. Article 26 of the P.R.I.M.E. Finance Rules provides that the arbitral…
CAS Code Amendments in force as from 01.01.2012 – CAS arbitrators selected more freely
…of CAS arbitrators. Other significant modifications relate to the Consultation Proceedings and to consolidation. The special provisions applicable to Consultation Proceedings (Articles 60 – 62 of the Procedural Rules of…
Can States Assert Counterclaims Against Investors in BIT Proceedings?
…Baltoil v. Estonia (ICSID Case No. ARB/99/2), for example, without expressly addressing the issue of jurisdiction, the tribunal found that Estonia’s counterclaim was belied by contradictory evidence in the record….
Appeal, Arbitration Awards, arbitrators’ conduct, Bias, Enforcement, National Arbitration Laws, Principle of finality, Pro arbitration, Public Policy, Waiver
Arb-med procedures and enforcement in Hong Kong: The crest of the waiver?
…right to object in such circumstances. (Similar rules on waiver exist in many institutional rules, including Article 28.1 of the HKIAC Administered Arbitration Rules, Article 39 of the new ICC…
Key Developments in Relation to Arbitration in Dubai
…DIFC. The DIFC-LCIA Arbitration Rules (the Rules) are closely modelled on the LCIA Arbitration Rules. The Centre functions with the assistance of the LCIA Secretariat and has full access to…
Growing number of countries allowing exclusion agreements with respect to annulment warrants greater scrutiny of arbitration clauses
…Commerce Arbitration Rules do not contain waiver clauses, article 34(6) of the ICC Rules (2012) provides that: “[…] By submitting the dispute to arbitration under the Rules, the parties […]…
Arbitral seat, Arbitration, Arbitration clause, India, Law governing the arbitration, Provisional measures, Supreme Court
Further Encouraging Developments in the Indian Treatment of Foreign Seated International Arbitrations
…application of the Singapore International Arbitration Centre (“SIAC”) Rules 2007. Article 32 of the SIAC Rules 2007 (which has since been replaced by Article 27 of the 2010 SIAC Rules…
Ecuador Appeals Court Affirms Lago Agrio Judgment
…In its motion, Chevron argues that “The Ecuadorian appellate decision … does not purport to explain or even mention the extensive evidence that the Lago Agrio Judgment was ghostwritten by…
Arbitration Agreements Versus Agency Deference
…an auto sales contract was invalid because a federal agency’s regulation supposedly barred it. This decision demonstrates the danger of excessive deference to agency rules, which can limit the enforcement…
Annulment, Arbitration Awards, Arbitration Institutions and Rules, arbitrators’ conduct, BIT, Investment agreements, Investment Arbitration
Iura Novit Curia in Investment Treaty Arbitration: May? Must?
…novit curia in the ICSID rules (as opposed to, for example, the LCIA rules). Furthermore, scholarship sheds little light on the basis for iura novit curia in the specific context…
The unwitting victims of arbitration´s success
…that very rarely can be solved but through legal education. Taking an extended graduate program primarily focused in arbitration will, in most cases, guarantee a deep knowledge of the process…
Anti-Arbitration: Would You Prefer a Harmonized Approach or a Just a Better One?
…law practice (often permitted under the IBA Rules of Evidence). Parties from different legal cultures will have different legal or ethical obligations for retaining documents, and different duties whether to…
Judge-Arbitrators in Delaware
…B. Born, International Commercial Arbitration 1449 (2009); see, e.g., U.K. Arbitration Act 1996, § 93. In the United States, however, ethics rules generally prohibit judges from serving as arbitrators. See…
Arbitration Agreements, Arbitration Institutions and Rules, Arbitration Proceedings, BIT, Class arbitration, Due process, Foreign Investment Law, ICSID Convention, Investment Arbitration
Mass claims and the distinction between jurisdiction and admissibility (Part II)
…equate what happens in the usual ICSID proceedings with what the ICSID Arbitration Rules require. For example, the ICSID Rules say very little about the mechanics for taking and considering…