…which the parties have not given evidence or submissions. Comment A question of prejudice Two questions can be posed. We start with the more intuitive question: what was the prejudice…
…provision was further developed by the Supreme Court in a separate set of Special Rules on Alternative Dispute Resolution procedures (the “Special Rules”). Rule 10 of the Special Rules describes…
As Roger Alford mentioned previously, New York University Law School hosted a discussion of the Chevron-Ecuador dispute on October 24th. The event was subject to the Chatham House rules, so…
…Although the ACA is not based on the UNCITRAL Model Law, the arbitration rules attached to it are. Under its National Investment Promotion Act, any foreign investor who registers under…
…in its holding that there is no impediment to mass claims under the ICSID Convention and Arbitration Rules and that ICSID tribunals have the power under ICSID Arbitration Rule 19…
…caused “substantial delay” if the Claimants had needed to initiate individual claims before the local courts. Taking those considerations into account, the tribunal concluded that Argentina could not adequately address…
…Compromise made good: countries responding to anxiety about an overly broad definition of investment by taking up the ICSID Convention on its offer to define investment for themselves. On this…
…of evidence — particularly as compared with that of regulatory authorities that have traditionally investigated and prosecuted crimes of bribery — and the tribunal’s lack of authority to impose criminal…
Amendment to the International Chamber of Commerce Rules of International Arbitration The International Chamber of Commerce has issued a revised set of rules for International Arbitration, due to come into…
…the Swiss Rules, it will be the end of the proceeding. This, according to Schlaepfer, is a jurisdictional and not an administrative decision. A debate later ensued between Phillipe Pinsolle…
…filed for arbitration under the ICC Rules with its seat in Istanbul. The tribunal rendered a partial award which declared that the agreement was valid and Clements Français was entitled…
…of the suspension, no matter how long the suspension lasts? These questions go to the very heart of the arbitrators’ duties after their appointment. As reflected in the IBA Rules…
…dispute, arbitration has a very significant process-based dimension which is largely left to the discretion of the arbitrators by most national arbitration legislations, major institutional rules and other international codes…
…Lovells has prepared a number of helpful charts comparing the revised provisions of the Rules to the 1998 ICC Rules, as well as to the current AAA and LCIA rules,…
…to file new evidence regarding the alleged breach of the employment contract while refusing to grant him the opportunity to file further evidence on the same topic by means of…
…ICDR Rules (2009) and Article 17 of the UNCITRAL Rules (2010). The most recent step in that evolution was the publication of the revised ICC Rules on September 12, 2011,…
…time. Second, September heralds the much celebrated debut of the ICC’s new “Arbitration and ADR Rules”, at least for people who celebrate such things. As the name of the volume…
…parties concluded a settlement agreement. The settlement essentially provided for AJT to terminate the arbitration when AJU received evidence of the withdrawal, discontinuation or termination of all criminal proceedings against…
…show prejudice sufficient to warrant waiver. In reaching this conclusion, the Eleventh Circuit stated that the prejudice element of the waiver test is examined by taking into account the expense…
…BIT. Even if it could be considered as such, in the absence of evidence that the ruling of the Ukrainian courts was (i) discriminatory, (ii) deliberately taken to thwart GEA’s…
…taking your business into Saudi Arabia that don’t exist elsewhere? * How transparent is the Dispute Resolution in Saudi Arabia? * With concerns over the ability to advance claims against…
…consequences of an absolute (as opposed to a restrictive) doctrine of sovereign immunity, particularly in light of the restrictive rules on waiver of immunity which now apply in Hong Kong,…
…negotiation, rather than the classical model of classroom teaching. By analogy, when you learn to drive a car you may start by learning the rules of the road in a…
…by the tribunal (such right being a part of their right to submit evidence and be heard) if the following preconditions are met: (i) the party who intends to rely…
