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…
Search Results for: iba rules on the taking of evidence
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…
The “99%” take on investment tribunals
…investor-state rules in a free trade agreement to subvert a democratic nationwide debate over mining and sustainability in El Salvador,” and singles out the move of Pac Rim’s subsidiary from…
Arbitral seat, Arbitration clause, China, Enforcement, Hong Kong, Mediation, Set aside an international arbitral award, Sovereign Immunity, UNCITRAL Model Law
Hong Kong’s arbitration year in review: a Christmas blog
…award from the arbitral tribunal, the procedures required by law or the relevant institutional rules must be followed if the supplementary document is to be recognised as an award at…
Swiss Federal Supreme Court provides guidance on rules of State immunity applicable to enforcement of ICSID awards
and Sandrine Giroud, Lalive In a decision issued on 23 November 2011, the Swiss Federal Supreme Court gave some welcome guidance on the rules of immunity applicable to the enforcement…
Reflections on the LCIA Arbitrator Challenge Digests
…that firm. The IBA Guidelines on Conflicts of Interest in International Arbitration provide in Part I(6) that “the fact that the activities of the arbitrator’s firm involve one of the…
Major Pitfalls for Foreign Investors in Russia: What Are Russian BITs Worth?
…arbitrability of an act of taking under the Russian-Belgium/Luxemburg BIT obiter, restrictive interpretation of a dispute resolution clause appears to gain traction in investment jurisprudence. The Tribunal in RosInvestCo UK…
Appointment of arbitrators, Arbitral seat, Arbitration Agreements, Arbitration Proceedings, India, Provisional measures, Set aside an arbitral award, UNCITRAL Model Law
Interventionist, No More?
…Bhatia (2002) decision of the Supreme Court taking the view that Part I of the 1996 Act applies equally to international commercial arbitrations that are seated outside India. The decision…
The Rise and Rise of the Arbitration Institution
…unsurprisingly the UNCITRAL Rules make the most appearances as the preferred rules of institutions. I cannot tell you how many arbitrations each institution has each year since most do not…
How far does “any dispute related to the […] agreement” go?
…payment of the sales price fell under the jurisdiction of the arbitration clause. Comment This decision serves as a reminder of the rules applying to the interpretation of an arbitration…
Arbitration, Arbitration Awards, Damages, Damages experts, Fair market value, International arbitration
Valuation approaches and the financial crisis. Part 1 – market methods
…at the value of any past transactions in Company A itself. Recent past transactions in Company A may be the best available evidence of the value of Company A, although…
Tecnimont, the saga continues but is not yet over
…the arbitrator’s duty to update and disclose conflicts of interests. I. The Inapplicability of the ICC Time Rules for Arbitrator’s Challenge Article 11 of the ICC (1998) Rules provides that…
Appeal, Arbitration Awards, Arbitration clause, Arbitration Proceedings, Commercial Arbitration, International arbitration, International Courts, Jurisdiction of the arbitral tribunal, National Arbitration Laws, Russia
Recent Swedish Ruling on Arbitrability
…a loan agreement entered into on 24 January 1990 (the “Loan Agreement”). The Loan Agreement included an arbitration clause providing for arbitration under the Arbitration Rules of the Arbitration Institute…
The LCIA Arbitrator Challenge digests: An Interview with William (Rusty) Park
…parties, the LCIA is particularly well-suited to this treatment. While the LCIA Rules do not actually require a written reasoned decision for challenges, and provide only limited instruction on challenge…
Women in Arbitration: Lots of Talk, Any Changes?
…– and this is purely based on anecdotal evidence – go more to males than the female counterparts. In fact, after recently attending a conference in Dublin, I overheard one…
Controlling Time and Costs in Arbitration: A Progress Report (Part 2 of 2)
…do more in forcing arbitrators to render decisions promptly. The ICDR Rules contain no specific deadline, the way the AAA Commercial Rules do — they just urge tribunals to be…
Controlling Time and Costs in Arbitration: A Progress Report (Part 1 of 2)
…now the revised 2012 Rules. From the ICDR, we’ve seen the 2009 Rules amendment and before that the 2008 Guidelines for Arbitrators Concerning Exchanges of Information — which was a…
Out to Sea in the Ninth Circuit: Bungling Questions of Arbitrability
…and unmistakable evidence.” While English law “clearly applies to disputes that are subject to arbitration,” the agreement “is ambiguous concerning whether English law also applies to determine whether a given…
Arbitration Institutions and Rules, Arbitrators, Efficiency, ICC Arbitration, Jurisdiction of the arbitral tribunal, Pre-arbitral procedure
First aid in arbitration: Emergency Arbitrators to the rescue
…determine applications for interim relief before the arbitral tribunal is constituted (e.g. SCC Rules, SIAC Rules, new ICC Rules). In this blog, we examine some of the practical issues raised…
Anti-suit injunction, Arbitral seat, Domestic Courts, EU Regulation 44/ 2001, European Union, Jurisdiction, Lis Pendens, New York Convention, Parallel Proceedings
Barring the Courthouse Door? Anti-Suit Injunctions in International Arbitration
…Court of Justice (the ECJ) — the West Tankers case (Allianz Spa v. West Tankers, Case C-185-07 [10 Feb.2009], 2009 WL 303723). The Brussels Regulation, which provides rules that govern…
Anti-Arbitration: 10 Things To Do Before The Arbitration Gets Underway
…witness testimony as evidence. This makes obvious sense for most business disputes, where there will generally be a written record of the parties’ course of dealings. (Given recent research on…
State of Necessity, a three-star Michelin standard in Investment Arbitration
…claims by investors before the International Centre for the Settlement of Investment Disputes (ICSID) and also under UNCITRAL rules like never before against one single State. It was in the…