…or UNCITRAL Rules), and several investor-state arbitration tribunals have had the opportunity to interpret and apply their provisions. We provide below an overview of Israel’s IIA program. Overview of…
…nature and, therefore the STJ has jurisdiction to decide conflict of competences between arbitral tribunals constituted pursuant to the rules of the same arbitral institution when: the applicable institutional rules…
…would be recourse to arbitration under the rules of the Dubai International Arbitration Center “without prejudice to the jurisdiction of Dubai Courts.” (دون الاخلال باختصاص محاكم دبي). The CFI rejected…
…their submissions that the judges of a multilateral investment court (MIC) would require different rules than those applicable to arbitrators. Thus, in the comments to the second Draft Code the…
…and relief to funders and funded parties in India. Aside from unequivocally recognising the validity of TPF in arbitrations, the Court also called for the government to formulate rules governing…
…of the Rules), the parties’ capacity to request provisional measures (Article 24 of the Rules), and confidentiality of hearings as a principle (Article 26.5 of the Rules), which is particularly…
…for challenging awards and decisions and omits issues which applicable arbitration rules typically address in sufficient detail. At the same time, the 2023 Law “corrects” a series of unworkable decisions…
…the failure to disclose as grounds for removal. No Reference to the IBA Rules: The ADI wants to prevent arbitrators and judges from consulting the IBA Guidelines on Conflict of…
…ICC Arbitration Rules against two respondents (“Respondents”). These proceedings arose under two share purchase agreements, governed by Thai law. The cases were heard together by the same tribunal, comprising of…
…to be governed by the applicable rules or by the instrument of consent. Additionally, the partition of the Code into two Codes one for arbitrators and one for judges is…
…Judgment opens the door for applying foreign non-arbitrability rules. However, it only permits application of non-arbitrability rules of the law governing the arbitration agreement. This is limiting and requires application…
…control the use of AI. Chinese regulators recently released draft rules designed to manage how companies develop generative AI products like ChatGPT, with the aim of circumscribing AI development. For…
…and that any ethical or other professional rules of conduct applicable to client-lawyer fee agreements are followed, thereby providing further safeguards against any subsequent allegations of breach. In practice this…
…arbitration under the 2021 International Chamber of Commerce Arbitration Rules (“ICC Rules”), where the threshold is currently USD 3 million. The Expedited Procedure Rules under the 2023 Rules can also…
…engineering disputes, considering concerns from clients about costs and lengthy proceedings. Mr. Sydenham emphasized the need for efficiency provisions to be explicitly incorporated into institutional rules, and for arbitrators to…
…rules were not just a copy and paste of the rules adopted by other institutions. He explained that robust governance and transparency together with reducing cost and time were the…
…JCAA’s Interactive Arbitration Rules, issued in July 2021 (“Interactive Rules”), follow this wave of new “civil law” arbitration rules but also contain unique provisions that may be particularly effective in…
…again. She also reminded that according to the new DIAC Arbitration Rules 2022, which has replaced the previous DIAC Arbitration Rules 2007, the Dubai International Financial Centre (“DIFC”) will be…
…decide the case, with the PCA acting as the registry and providing administrative support. The arbitration was conducted under the PCA Optional Rules for Arbitrating Disputes between Two Parties of…
…the dispute is based in London. This scenario involves additional challenges as the sanctions rules for American parties would also have to be considered in deciding whether expert services can…
…penalties imposed on arbitrators and the interpretation of DIAC rules. However, he stated that all of these are being recognized and handled. He also, emphasized that the competition across the…
…the new types of disputes which their companies and the State are facing. The discussion was conducted under the Chatham House rules. The panel noted that collective redress actions, Environmental,…
…immunity provisions in the rules will be incorporated into the arbitration agreement. National courts will then interpret these rules according to the national law of the country. She mentioned that…
…rules and introduced the second edition of the SCCA Rules 2023, which came into effect on 1 May 2023. Could you give our readers a brief introduction to SCCA as…
