Emergency Arbitrators under the ACICA
…tribunal. In response to this need, the ACICA has updated its Arbitration Rules to include a set of Emergency Arbitrator provisions. The emergency rules, which establish a regime for emergency…
Search Results for: iba rules on the taking of evidence
Jivraj v. Hashwani- Arbitrators Are Not Employees for the Purposes of Employment Equality
…no easy task). This first point raises a question of anecdotal evidence. Throughout the life of the Jivraj saga, colleagues advocating the merits of arbitral seats competing with London for…
Most Favoured Nation Clauses – No favoured view on how they should be interpreted
…MFN “treatment” includes only substantive rules for the protection of investments, or if it also extends to procedural protections such as dispute resolution. There have been conflicting decisions over the…
Applicable Law, Arbitration, Arbitration Proceedings, Arbitration Quiz, Arbitrators, Costs in arbitral proceedings, Expedited arbitration, Joinder, Jurisdiction, Mediation
Anti-Arbitration: Answers to the Summer Quiz!
…Fast Track? Answer (b). The following institutions have all adopted rules for expedited proceedings: • AAA/ICDR (see “Expedited Rules,” available at https://www.adr.org/sp.asp?id=22440#A8); WIPO (https://www.wipo.int/amc/en/arbitration/expedited-rules/); • SCC (see “Expedited Rules,” available…
Applicable Law, Arbitration, Arbitration Proceedings, Arbitration Quiz, Arbitrators, Costs in arbitral proceedings, Expedited arbitration, Joinder, Jurisdiction, Mediation
Anti-Arbitration: The Summer Quiz!
…Fast Track, Who Needs Fast Track? Which of the following arbitration institutions does not currently have rules for expedited, accelerated, or fast track arbitration (even for small claims)? a. AAA/ICDR…
U.S. Court of Appeals Illustrates Obsolescence of Law that Allows Court to Consider Timeliness Challenge to Arbitrable Claim
…under the ICC rules, “except as these rules may be modified herein.” Each of the contracts also had multiple New York choice-of-law clauses, one of which provided that “[t]he law…
The U.S. Supreme Court and Class Arbitration: A Tragedy of Errors
…not infrequently permitted. At the same time, in the wake of Bazzle, both the AAA and JAMS issued rules for the administration of class arbitration. And, as noted above, arbitral…
Non-Disputing State Party Participation in Investor-State Arbitration under CAFTA-DR
…Chapter Eleven investor-State cases. Similar to CAFTA-DR Article 10.20.1, NAFTA also provides for the sharing of evidence and written arguments between the disputing State Party and non-disputing State Parties. See…
Is It Time to Amend the Articles Regulating Arbitration in Qatar?
…for commercial arbitration in Qatar. The QICA Rules were issued as a set of arbitration rules to be used by parties who choose the QICA as the forum for their…
Annulment, Appointment of arbitrators, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, arbitrators’ conduct, Bias, International arbitration
The Move Away from Closed-List Arbitrator Appointments: Happy Ending or a Trend to Be Reversed?
…Rules currently allow parties to appoint off-list only if they have agreed to do so, this announcement suggests that CIETAC may in the future allow off-list appointments even where the…
Appointment of arbitrators, Arbitration Institutions and Rules, Arbitration Proceedings, BIT, ICSID Convention, Investment Arbitration, Venezuela
Disqualification Based on Multiple Appointments—Divergence in Recent ICSID Decisions?
…Professor Stern, who had been appointed by Venezuela to three other ICSID tribunals in the past six years. As is well known, the Orange List in the IBA Guidelines on…
Trans-Pacific Partnership Negotiations: Waiting for U.S. Proposals
…beyond trade in goods found in recent FTAS—labor rights, environmental protection, intellectual property, sanitary and phytosanitary measures, financial and telecommunications services, government procurement, rules of origin (particularly for textiles and…
The relationship between arbitrators and parties: is the pure status theory dead and buried?
…rules which form the basis of an agreement about certain procedural and other issues. Even an ad hoc arbitration will proceed on the basis of the parties’ agreement. However, it…
Arbitration Institutions and Rules, Arbitration Proceedings, Enforcement, ICSID Convention, Investment protection
Pakistan Enacts A Statute To Implement The ICSID Convention
The Islamic Republic of Pakistan is not foreign to defending investment claims. In order to restore investors’ confidence in its country, the Pakistani government has enacted on April 28, 2011…
A Few Words On The Tension Between Efficiency And Justice
…words alone. As the revised IBA Rules on the Taking of Evidence and institutional rules properly grant more control to the tribunal to manage the proceedings and the evidence, we…
Anti-arbitration, Arbitration, Arbitration Awards, Arbitration Proceedings, Arbitrators, Commercial Arbitration
Anti-Arbitration: The Train Has Left the Station
…for the primacy of witness evidence in providing a “fuller appreciation of what really happened.” Those with a preference for civil law procedures, where documentary evidence is given greater weight,…
Costa Rica Has A New Arbitration Law
…awards. It is therefore to be presumed that awards will be enforced before the competent courts pursuant to the applicable rules of civil procedure. The two final provisions of the…
A Few Words On The Tension Between Efficiency And Justice
…being encouraged to speed things along, and rules such as the IBA Rules on the Taking of Evidence are being tightened in order to vest arbitrators with the discretion to…
Arbitral seat, Arbitration, Arbitration Act, Asia-Pacific, Confidentiality, Enforcement, International arbitration, kompetenz-kompetenz, Mediation, National Arbitration Laws, New York Convention, Seat of the arbitration, UNCITRAL Model Law
New Hong Kong Arbitration Ordinance comes into effect
…arbitral tribunals seated in Hong Kong are able to grant temporary measures, for example, to preserve assets or evidence, or to maintain or restore the status quo – and the…
On quantifying known unknowns
…operating history, what other reliable evidence could an expert review? How can the expert assist the tribunal in ensuring that an entrepreneur is not unfairly treated? Clearly, each case needs…
The Invisible Gorillas in International Arbitration?
…interpretation and application of evidence. Recollection of evidence can be affected by one’s preconceptions, basic cognition errors (i.e. seeing what we expect to see even when it is not there—or…
Appeal, Appointment of arbitrators, Arbitration, Arbitration Agreements, Arbitration clause, Arbitration Institutions and Rules, Arbitrators, Commercial Arbitration, Dispute resolution clause, Domestic Courts, Enforcement of an arbitration clause, English Law, ICC Arbitration, Nationality requirement in arbitration clauses, Supreme Court
Jivraj v. Hashwani – Are Arbitrators Employees?
…nationality of arbitrators – either expressly or through the incorporation of institutional rules, including the ICC, LCIA and UNCITRAL rules (e.g. in order to support the arbitrator’s perceived neutrality). Since…
Arbitration, Jurisdiction of the arbitral tribunal, Pre-arbitral procedure, Set aside an arbitral award, Supreme Court, Switzerland
Multi-tier Dispute Resolution Clauses: Swiss Supreme Court Considers Impact Of (Omitted) Pre-arbitral Expert Appointment and Conciliation on Arbitral Tribunal’s Jurisdiction
…a conciliation meeting. It interpreted the dispute resolution clause in accordance with the general rules of contract interpretation. The Court found that Art. 20(2) lacked the specificity required for a…
Singapore Apex Court Lays Down Clear Framework for Arbitrability of Insolvency-Related Claims
…cannot contract with some of its creditors for the non-application of certain insolvency rules. Weighing the competing policies, the Court took the final position that the right balance to be…