…and Genin), where it was held that the State’s conduct should amount to egregious or outrageous conduct, or to an evolving customary law (see Waste Management). Second, the lack of…
…achieve more Legal Transparency. An important example is the opt-out provision of Article 41 of the Rules of Arbitration and Conciliation of VIAC (Vienna Rules), which permits the VIAC to…
…researcher at the Transnational Law Centre of the University of Ghent, is undertaking research on the familiarity of legal professionals (including lawyers and third-party neutrals) with dispute resolution clauses which…
…of the proceedings. This new Qatari provision is crucial, as it enables the execution judge (called under the new law the “competent judge”) to assist the parties in critical times…
…course of action towards ISDS provisions after their first-ever ISDS cases, most of the ASEAN member states have continued incorporating ISDS provisions even after their initial encounters with ISDS claims….
…including all intra-EU BITs, may – sooner rather than later – wake up in a quite different legal landscape. This entry highlights the potential termination process of the treaties and…
…along with the standard rules of the Russian leading international arbitration provider – the revised 2017 ICAC International Commercial Arbitration Rules (discussed here), or the 2017 ICAC Domestic Arbitration Rules,…
…arbitration has been adopted by the financial sector, a topical issue in the light of the November 2016 ICC Report on ‘Financial Institutions and International Arbitration’. Ms Salomon, who co-authored…
…leading arbitration institutions including the Singapore International Arbitration Centre (“SIAC”), the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”), and the London Court of International Arbitration (“LCIA”). They therefore…
…216 of the UAE Arbitration Chapter, onshore Dubai being the seat of the arbitration and hence the natural place for challenging the award. The obvious counterargument is that an award…
…operating in the Asia-Pacific region, and based in Sydney, Australia. ACICA facilitates the mediation and arbitration of international commercial disputes, including under its own institutional arbitration rules. The new Guideline…
…Berwin Leighton Paisner investigating the lack of diversity in international arbitration found that a staggering 92% of respondents wanted more information about new and less well-known arbitrators, and a whopping…
…is silent on confidentiality, there are three rules:– Arbitration proceedings must be held in private; Implied confidentiality in every arbitration; Such confidentiality is subject to certain exceptions, namely court order,…
…New York Convention award in 6 instances, and adjourned the enforcement of awards in 7 instances. This in itself shows that refusal to enforce New York arbitration awards is relatively…
…investor can sign other instruments recognized under the Ecuadorian legal framework, such as investment contracts, with an independent arbitral clause that would protect it from legal modifications regarding tax incentives….
…– which emphasise best practice. 3. Investment Arbitration Rules On 1 January 2017 SIAC released the first edition of its IA Rules. This modern set of investment arbitration rules are…
…arbitration, which became effective on 1 April 2014 and, unless the parties to the treaty have agreed otherwise, are applicable to all investor-state arbitrations initiated under the UNCITRAL Arbitration Rules;…
…2562 of 2006 (“Centrotrade”). In Centrotrade, the arbitration agreement contained a two-tiered arbitration procedure providing for a first instance institutional arbitration in accordance with the Rules of Arbitration of the…
…an emergency arbitrator before the notice of arbitration has been filed (such as the LCIA and ICC rules). The perceived advantages of seeking relief from an arbitrator rather than a…
…New Year’s Resolutions for Mediators, Sabine Walsh shares her mediation resolutions for the coming year including to practise reflective practice more and to continue acquiring new skills. In Winners and…
…Arbitration Court and the Sports Arbitration Court, two further specialized sets of rules were approved – the 2017 ICAC Domestic Arbitration Rules and the 2017 ICAC Sports Arbitration Rules. When…
…plant fueled by natural gas in the Brazilian city of Uruguaiana. The GSA contained a somewhat unusual ICC arbitration clause. While it provided for the place of arbitration to be…
…interest rate is often perceived as a pure legal matter. The combination of these factors has led to a multiplicity of approaches in investment arbitration case law. Two of the…
…Arbitration” organized jointly by the Arbitration Institute of the Stockholm Chamber of Commerce (“the SCC”), the International Bar Association, the International Chamber of Commerce and the Permanent Court of Arbitration….
