…of three awards rendered under the ICC Arbitration Rules in Paris in ICC reference no. 5277/RP/BGD, one preliminary award in relation to a discrete finding of fact, a final award…
…IBA Rules on the Taking of Evidence in International Arbitration allow an adverse inference due to refusal to produce documents or testimony. Article 9(7) permits cost shifting for lack of…
…form. The new Rules read more like a modern set of international arbitration rules, giving proper consideration to now widely-adopted modern thinking on party representation, the sequence of procedural milestones…
…of facts, arguments, evidence and offers of evidence submitted by one of the parties and important to the decision to be issued”. However, the duty does not require the arbitrator…
…ICC Rules; (3) English or New York law, Paris seat, ICC Rules; (4) English law, London seat, LCIA Rules; (5) English or New York law, Hong Kong seat, HKIAC Rules;…
…even more attractive by streamlining its arbitration rules: On 1 November 2013, the new “HKIAC Administered Arbitration Rules (2013 Edition)” will enter into force. They can be downloaded on the…
…the Ghanaian Supreme Court overturning the lower court’s detention of the Libertad. While Argentina has acknowledged some reservations about the interpretation “of the rules applicable to this case”, the government…
…… provided they do not violate the rules of public order and morality”. Also, article 204 provides that “Arbitrators’ judgments are not enforceable unless an order of execution is granted…
and Rapolas Kasparavičius, LAWIN An abundant number of agreements have been and will be concluded between states and investors operating under the bilateral investment regime and even a larger number…
…rules (the “Rules”) effective as of 1st October 2013, following an extension of one month from the date that was initially perceived under the Rules based on information provided by…
…The 2006 Amendments to the ICSID Rules and Regulations and the Additional Facility Rules, 21 ICSID REV. – FILJ 427, 439-440 (2006). More recently, other scholars have agreed with Ms….
…M.C.W. (Chris) Pinto resigned his seat in May of this year. Rules of procedure finalized, and Philippines given deadline of March 2014 to file memorial The PCA website contains an…
…none of them provide for concrete rules for execution once an award is recognized in the State in which execution is sought. Execution of arbitral awards will be governed by…
…available decisions. Additionally, there are no “absolute rules” in that the power to bifurcate falls within the tribunal’s discretion. (Tulip Real Estate Investment and Development Netherlands B.V. v. Turkey, (ICSID…
…contract and the evidence the way the Chairman and I did (and we two had very similar views of the evidence) a longer and more disciplined deliberation would have helped…
The new arbitration rules of CEPANI (The Belgian Center for Arbitration and Mediation) came into force on 1 January 2013 and change the 2005 rules considerably. They will soon be…
…rules, and by the national courts in which they are located. Notably, only two of the institutions (Stockholm and Milan) have rules that expressly authorize them to engage in a…
…for many disputes are the rules of treaty interpretation contained in Articles 31, 32, and 33 of the VCLT. In that context, there are some signs of a gathering movement…
…in the PCA Arbitration Rules expressly allowing for third party submissions (as in the ICSID Arbitration Rules / UNCITRAL Transparency Rules), and the rules are also silent on third party…
…of El Salvador was amended and now the arbitral awards can be subject to Appeal before the courts. However, there are still many arbitration proceedings (national and international) taking place…
…Supreme Court applying the IAA, particularly taking into account the recent clarifying amendments to the IAA (not in issue in this case) and the new Rules of the Supreme Court….
…Government introduced a new Foreign Investment Law (the “FIL”), which came into force in November 2012. The FIL, along with the Foreign Investment Rules and the notification on restricted economic…
…that this is a broader standard than the “relevant and material” test that the IBA Rules of Evidence applies to production obligations. This is because at the outset, it might…
…that the institution would now be taking a “tough line” in enforcing the policies set forth in the 2012 Note. Similarly, the registrar of the LCIA indicated that the job…
