…document disclosure; (ii) 95% identified the “failure of tribunals to narrow issues, evidence and argument leading parties/counsel to feel need to cover all bases” and (iii) 90% identified excessive concern…
…very idea of them! A bourgeois arbitral tribunal that rules on questions of life and death, divines God’s will and determines the course of history!” Writing in the aftermath of…
…rules refer in Article 31 to “the costs of arbitration”. Although the rules also provide for a non-exhaustive list of what “may” be included as such costs, , the concept…
…available to Heinz at the time of the hearing. ELF argued that a reasonable solicitor could have discovered this evidence during the arbitration and that the “fresh evidence” test was…
…as co-arbitrator in both arbitrations for lack of independence before the ICC Secretariat pursuant to Article 11 of the ICC Rules. The ICC Court nevertheless confirmed P’s nomination without stating…
…to the rules developed by Swiss state courts, the admissibility of a request for declaratory relief must be determined in accordance with Swiss law. However, since neither the requirements of…
…the ICCA Congress concluded, a court in São Paulo issued an injunction ordering a sitting ICC arbitration tribunal to widen the scope of the expert evidence it was considering. The…
…the competence-competence principle and the generally accepted moment of the constitution of the arbitral tribunal and the rules enshrined in the national arbitration statute, which are applicable both to domestic…
…which rules from other sources are integrated though implied incorporation methods, or by direct reference to certain supplementary rules…” This is an important principle to highlight in light of current…
…States Constitution, the Oklahoma Constitution, the United States Code, federal regulations promulgated pursuant thereto, established common law, the Oklahoma Statutes and rules promulgated pursuant thereto, and if necessary the law…
…2005, the vast majority submitted either under the ICSID, the ICSID Additional Facility or the UNCITRAL Arbitral Rules. (UNCTAD, “Latest Developments in Investor-State Dispute Settlement,” 2010, available at https://www.unctad.org/en/docs/webdiaeia20103_en.pdf). (These…
…and may wish to incorporate those Rules into their arbitration clause. It is to be noted, however, the AAA’s Supplementary Rules for Class Arbitration are likely subject to amendment in…
…elapsed with neither party filing a request for rectification or vacation as provided by the relevant Affidavit and Rules of the International Center for Dispute Resolution of the American Arbitration…
…specify any institutional rules to be used in connection with the arbitration. According to the court, in the absence of any such rules specified in the Charter Party Agreement, either…
…legal entities of public law could not circumvent the rules determining the jurisdiction of the French administrative courts if the dispute touches upon rules of French administrative law that are…
…225 at ICSID, 91 under the UNCITRAL Rules, 19 under the SCC Rules, eight administered by the Permanent Court of Arbitration, and 5 with the ICC. There are four ad…
…International Chamber of Commerce (ICC) Rules of Arbitration, whereas the articles of incorporation of FAT Brasil provided for arbitration under the Rules of Arbitration of the Brazil-Canada Chamber of Commerce….
…task.” In this context, the Court expressly declined to decide what evidence of an agreement to arbitrate on a class basis is sufficient to support a ruling that class arbitration…
…compensation for conduct tantamount to an expropriation or denial of fair and equitable treatment. Equally momentous is the binding nature of the WTO rules, which prohibit discriminatory import bans. The…
…Supreme Court case rendered in that respect) were fulfilled: (3) (i) the absence of fraudulent avoidance of the normally applicable law, (ii) the evidence of a sufficient link between the…
…process “diligently, efficiently and in accordance with the time limits in the Rules”. While the ICC’s measures to increase transparency about arbitrator availability are certainly welcomed and commendable, they are…
…and would reduce the number of opportunistic challenges. The major arbitral institutions’ rules, and the key non-institutional arbitral rules, do not require the body which decides a challenge to provide…
…to 28 U.S.C. 1782, which authorizes a judge in the United States to order discovery of evidence to be used in proceedings before a foreign tribunal. As reported here, Chevron’s…
…institutional rules, such as the AAA’s “Supplementary Rules for Class Arbitrations”, authorizing class arbitration proceedings (although, the same rules provide that “the arbitrator shall not consider the existence of these…
