…arbitral tribunal. In this regard, and taking into consideration the Dutco lessons, this new law provides for the possibility (as opposed to the obligation) of the State court appointing all…
…mean that the award made by such a tribunal may be executed by taking out a writ of execution without need for formal enforcement proceedings as it would be in…
…its new Organizational Rules article 11(2). Following the appointment of Bogdan Olteanu as the new president of CCIR’s Court of Arbitration, CCIR modified its organizational rules in mid-January 2012 so…
…great about taking the time to discuss this possible claim with me and consider whether it was worth pursuing from their standpoint. By pursuing, I mean for them to fund….
The HKIAC has launched a consultation process to consider modifications to its Administered Arbitration Rules, which came into force on 1 September 2008 (the “Rules”). Users of the Rules have…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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….
…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…
…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…
…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 […]…
…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…
…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…
…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…
