…of when Bolivia can exercise the denial of benefits clause is one of jurisdiction. Consequently, in accordance with the UNCITRAL Rules (which were the applicable arbitral rules), the latest time…
…? (Although discovery can consume significant amounts of paper, it merits its own consideration and is not therefore addressed in this article.) Are any facilities, rules and/or guidance available on…
…§ 1782 for international arbitral proceedings, especially in the purely private contractual context. The district courts are likely to continue taking three broadly different approaches they have applied post-Intel. The…
By Carmen Núñez-Lagos and Javier García Olmedo In an award rendered on 31 January 2014, an arbitral tribunal constituted under the UNCITRAL Rules declined jurisdiction over the claims brought by…
…(Arthur Nassbaum, A Concise History of the Law of Nations (Macmillan 1950), pp. 99-100) What better evidence of the unexpected gains in reading? 2. Those who work as a team…
…the UNCITRAL Arbitration Rules 2010. The claim concerned Australia’s enactment of the Tobacco Plain Packaging Act 2011 (Cth) which enforced the use of plain packaging on all tobacco products sold…
…while national laws are widely used as framework for international arbitration, a number of initiatives have emerged aiming at creating intrinsically international rules (soft law instruments). A recently published empirical…
…other tribunals, it did not remain passive arbiter of the contentions of the parties, evaluating ultimately the level of comprehensiveness and persuasion of their arguments and evidence. To the contrary…
…arbitration rules issued by the HKIAC, which came into force on 1 November 2013. The new HKIAC Rules address all of the most topical issues in international arbitration, including joinder…
…or the Stockholm Chamber of Commerce (SCC) rules. According to the United Nations Conference on Trade and Development (UNCTAD), the UNCITRAL Arbitration Rules are the second most used rules for…
…result of inter-State cross-pollination) has instead promoted relative homogeneity. That broad uniformity has in turn generated and reinforced stakeholder expectations and, some would say, has come to evidence customary international…
…demerits of ICSID-rendered awards vis-à-vis non-ICSID awards are thus practically important considerations for many stakeholders in international dispute settlement. Taking BG Group as a simple case study, the authors illustrate…
…decided ex aequo et bono and are subject to public disclosure rules in order to respect the principle of legality and the principle of publicity and transparency – two key…
…He believes the organization may have acted rashly when it recently incorporated the IBA Guidelines on Conflicts of Interest into its Code of Ethics and arbitration rules, rendering it binding…
…rules for arbitration proceedings administrated under its auspices. Along with the new rules, the Board also approved an “Arbitrator’s Code of Ethics”. Divided into 9 articles, this Code addresses issues…
…may be parallel court proceedings or regulatory investigations taking place. This may be particularly true in the context of ICSID and BIT arbitrations but can also occur in the context…
…in conformity with Paragraph 15(iii) of the Treaty, and therefore to the fixing of minimum flows, Pakistan had failed to submit any estimations or evidence on current or anticipated agricultural…
…an opportunity to submit a question(s) for Gary. The interview will be taking place next week so please send any questions you have to gwen.devries@kluwerlaw.com by 24th of January. We…
…of the view that the absence of evidence reflecting any routine maintenance of the canals pre-Hurricane Katrina meant that maintenance of the canal, if performed at all, was performed only…
…have been correctly addressed as far as possible. IBA Rules on the Taking of Evidence in International Arbitration (1999 amended in 2010): These are probably the guidelines most widely used,…
…wait 18 months. The jurisdiction of the arbitral panel was questioned by Argentina and the panel determined that, under Article 21(1) of the 1976 UNCITRAL Rules, it could decide the…
…would have to apply rules of competition law part and parcel with the rest of the rules of the applicable law. Does potential arbitrability of competition law mean evasion of…
…“last good guy”. Different jurisdictions do provide ethical rules, which may be mandatory or of a guiding character, in order to regulate lawyers’ conduct. Moreover, despite all the criticism of…
…empirical data about whether arbitrators contract for indemnity insurance. Some scholars suggest that arbitrators do not have liability insurance; instead, arbitrators may rely on the immunity rules provided by arbitral…
