…the arbitration agreement. See e.g., ICC Arbitration Rules, Art. 6(2); ICDR Arbitration Rules, Art. 15(1); LCIA Arbitration Rules, Art. 23.1. The federal courts have generally respected the incorporation of institutional…
…Provisional Amount Approach. This approach is designed to operate under the ICC Arbitration Rules, specifically the ICC Arbitration Rules Article 30(1) which states, “After receipt of the Request, the Secretary…
…to an international arbitration can opt out of Chapter 12 PILA and subject their arbitration to the rules of the Concordat. This option remains under the CCP. By contrast, under…
…U.S. federal court to stay an arbitral claim that Chevron and TexPet have submitted under the Ecuador-United States BIT and the UNCITRAL arbitration rules, and Chevron and TexPet have asked…
…may never have been argued before, where it is requested to review massive evidence, including expert reports, on market shares, structure of prices, etc… It is clear that challenges of…
…relied on reasonable inferences rather than a higher standard of proof such as clear and convincing evidence or beyond a reasonable doubt. For example, the summary indicates that the Board…
ICSID has just published a report on its caseload, and there is plenty of interesting data. The one that particularly caught my attention is the chart on the basis of…
…hopeless, not that the case was unhearable. The terms admissibility and inadmissibility do not appear in the UNCITRAL Rules, the ICSID Convention or the ICSID Arbitration Rules. Further, the indices…
…at the damages phase of the arbitration: “Taking into consideration, on the one hand, that this is a case of direct governmental responsibility, and, on the other hand, that Chattin,…
…in the IBA Guidelines on Conflicts of Interest in International Arbitration (“IBA Guidelines”), rather than the standard provided for in Article 14 of the ICSID Convention [3]. However, this is…
…the common intent of the parties, i.e., to apply the French substantive rules of international arbitration to the arbitration agreement. The French Supreme Court has adopted this position on a…
…had to be construed in such manner as the parties could and should have understood it in good faith, taking into account the overall circumstances of the case. Based on…
…regarded as the ideal forum for the codification of the NLM. By putting the principles and rules of the NLM in the form of black-letter rules with a synopsis of…
…the Rules, as has become common practice for instance with regard to the IBA Rules on the Taking of Evidence in International Commercial Arbitration. Georg von Segesser / Christopher Boog…
…landmark international claim. Under ICSID rules, South Africa must give its assent to any withdrawal of the claim. Unless the parties can agree how to apportion the government’s legal costs,…
…telecoms sector, it was excising only the 94% shareholding allegedly controlled by the British Peer, Lord (Michael) Ashcroft. Compared to the large-scale nationalizations taking place elsewhere in the hemisphere, this…
…York Convention provides that contracting states shall recognize and enforce arbitral awards “in accordance with the rules of procedure of the territory where the award is relied upon.” The jurisdictional…
…and uniform rules that exhaust the creative functions of international tribunals. To the contrary, they may preserve the flexibility required for adaptation to the circumstances of particular disputes. Given the…
…providing for dispute resolution by a sole arbitrator sitting in Geneva under the Swiss Rules of International Arbitration. In November 2008, the lessee, X, complained about various defects in the…
…exceptional circumstances such as physical duress [were] present in this case to justify moral damages” (para. 181). The Tribunal therefore rejected the claim essentially based on lack of evidence. The…
…failed to take into account the newly submitted evidence in its decision. In particular, X claimed that it had notified CAS of a new technical directive of the World Anti-Doping…
…ICC, to administer arbitrations in China. In practice, a number of arbitrations have taken place and are currently taking place in China under the rules of the ICC and other…
…venue of the arbitration – in an arbitration clause that provides for arbitration to be conducted in accordance with the ICC Rules – provided sufficient evidence to satisfy the court…
…forum by arbitration parties planning to obtain evidence or witness testimony from the United States. To ensure the availability of Section 1782 discovery, such parties might seek actively to arbitrate…
