Some Cost Consensus?
…“arbitration industry.”—and they appear to be taking this role on. It is also the role of in-house counsel to ensure that dispute resolution clauses in the company’s contracts keep up…
…“arbitration industry.”—and they appear to be taking this role on. It is also the role of in-house counsel to ensure that dispute resolution clauses in the company’s contracts keep up…
…in Soeul, Korea – tying on its event to the 14th Annual IBA International Arbitration Day. This forum provided an opportunity for leading practitioners and arbitrators worldwide to discuss trends…
According to the rules governing domestic arbitration (Art 30 of the Concordat on Arbitration, and, as of 1 January 2011, Art. 378 of the Swiss Federal Code on Civil Procedure),…
…they ask. Is that not taking it too far? Is the actual practice failing to reflect the fairness of the theory? I have not witnessed this one-sided practice – at…
…the amount of $18,480 under New York’s Civil Practice Law and Rules § 7502(c). Section 7502(c) provides for the pre-award attachment of assets located in New York in connection with…
…evidence. There would be no need for formal pleadings, voluminous disclosure of documents or advocacy before the arbitrator. The rationale is that the process could easily be handled by a…
…event the parties are unable to reach agreement, the parties can resort to international arbitration in accordance with the rules of the centre. Those rules provide that where an investor…
Dear Counsel, Thank you for taking the time to present your firm’s international arbitration practice, and also for the copies of the brochure and monthly newsletter. The many recent wins…
…the production of any other evidence showing that there is a valid arbitration agreement (compare Gaillard/Savage, § 608, who concluded that the old Article 1499 CCP merely required “that the…
…this involvement [of the Government], in the absence of evidence that the Trust took any actions, as well as [the Government’s] behaviour during the pre-contractual negotiations, confirm that the creation…
…types of rule changes. The program will include changes already published to the IBA Rules on the Taking of Evidence and the release of the new IBA Guidelines on the…
…preference for arbitration under the rules of the ____ Centre, the arbitration shall be conducted under such rules. Where the parties’ preferences do not match, the rules shall be UNCITRAL.”…
…Appeal and the Supreme Court relied upon (among other sources of law) the IBA Guidelines on Conflicts of Interest in International Arbitration, notwithstanding that these guidelines had not been previously…
…volume identify, characterize, and analyze existing rules, innovations, and best practices in international investment agreements, including the investment measures used by other sustainable development treaties and instruments. The table of…
…which allows parties to adopt “other arbitration rules” as the applicable rules of the arbitration. The underlying reason for this trend is simple: Article 4.2 provides an apparent opportunity for…
…appeal will be deemed withdrawn”. On October 15, 2008, the CAS reminded the appellant that the deadline had passed and asked him to provide evidence of payment of the advance…
…the first time that such rules have been adopted in Russia. The Rules are non-binding, but take into account the IBA Guidelines on Conflicts of Interest and the rules of…
…are within the exclusive jurisdiction of national courts (Article 1468). Further, the law introduces new rules governing the production of evidence. Arbitral tribunals are entitled to order parties to produce…
…the institution’s new arbitration rules, which came into force on July 1, 2010. Alongside incremental improvements to the previous rules, the new 4th Edition introduced two more substantial changes: provision…
…Similarly, institutional arbitration rules are often silent on this issue, with CIETAC Arbitration Rules and German DIS-Arbitration Rules being notable exceptions. Article 40 of the CIETAC Arbitration Rules provides that…
…statement: The Ecuadorian court’s judgment is illegitimate and unenforceable. It is the product of fraud and is contrary to the legitimate scientific evidence. Chevron will appeal this decision in Ecuador…
…the tools already exist to make proceedings ever more efficient, such as accelerated, expedited, and fast-track rules of different institutions, stronger case management, or appointing arbitrators not saddled with scheduling…
…rapeseed and claimed damages for non-delivery. B commenced two arbitrations against A under the Federation of Oils, Seeds and Fats Associations (“FOSFA”) Rules of Arbitration and Appeal. A challenged the…
…standards are the rules, sometimes enshrined in law in certain countries, according to which accounts are required to be drawn up; they state what the minimum required level of disclosure…