Ecuador Court Fines Chevron $8.6 Billion
…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…
Search Results for: iba rules on the taking of evidence
Anti-Arbitration: The Five Minute Arbitration
…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…
The Impact of Dallah
…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…
Accounting for Post Acquisition Disputes – Neither True Nor Fair?
…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…
Summary Dismissal under ICSID Arbitration Rule 41(5) – The Global and RSM Awards
…documentary evidence, either Party might wish to, or be able to, bring forward at a later stage.” (Global para. 34) With respect to the standard of review under Rule 41(5),…
Global Trading Resource Corp. and Globex International, Inc. vs. Ukraine
…(5) of the ICSID Arbitration Rules. The Arbitral Tribunal was constituted of Prof. Emmanuel Gaillard, appointed by the Claimants, J. Christopher Thomas QC, appointed by the Respondent, and Sir Franklin…
Swiss Federal Tribunal rejects multiple standards of independence and impartiality among arbitrators
…with the constitution of the panel must be examined only in the light of the facts on which the ICAS Board based its decision. All further evidence adduced during the…
Arbitration under the Venezuelan Foreign Investment Law – The Mobil and Cemex Decisions
…SPP v. Egypt, the tribunal decided to apply “general principles of statutory interpretation” taking into account both “relevant rules of treaty interpretation and principles of international law applicable to unilateral…
What does Hong Kong’s new look Arbitration Ordinance mean in practice?
…preserve assets or evidence, or to maintain or restore the status quo – and the new Arbitration Ordinance expressly confirms that this power includes the granting of injunctions. In addition,…
Anti-Arbitration: A New Year’s Resolution to Leave Worst Practices Behind
…arises (which most institutional rules contemplate). 4. Rejecting or refusing even to consider mediation. This worst practice is as common as it is damaging to a party’s own interests. Given…
US Supreme Court Denies Cert for Lloyds v Lagstein
…the applicable rules governing arbitrations, or (as the Ninth Circuit held) are arbitrators required to disclose only their relationships with the parties and counsel, with the burden to investigate and…
Arbitration Agreements, Asia-Pacific, Commercial Arbitration, Domestic Courts, National Arbitration Laws
Policy of Minimal Intervention Reaffirmed by Singapore High Court
…Singapore High Court for the same purpose – to require an employee of the plaintiff to attend the hearing to give evidence regarding the adequacy of the plaintiff’s discovery. In…
Did the U.S. Supreme Court, in its Stolt-Niesen Decision, Make it Easier for Courts to Vacate Arbitration Awards?
…entered into a Supplemental Agreement to be bound by Rules 3 through 7 of the American Arbitration Association’s Supplementary Rules for Class Arbitrations. Rule 3 contains a requirement that as…
Irish High Court on Full Versus Prima Facie Judicial Consideration of Whether an Arbitration Agreement Exists
…the case before it, because under either standard the defendants had failed to show that an arbitration agreement was in place. Reviewing the evidence, the Court found that the defendants…
Arbitration Agreements, Arbitration Awards, Arbitration clause, Arbitration Proceedings, Brazil, Commercial Arbitration, Domestic Courts, South America
Evidence Production in Arbitration in Brazil: What to Expect
…for instance, the recently updated IBA Rules on the Taking of Evidence in International Arbitration, which in fact has already happened in some disputes in Brazil under the ICC Rules….
Do We Need Another Arbitral Institute? Maybe.
…presence of the Permanent Court of Arbitration (“PCA”). In fact, the new facility intends to use the PCA as an appointing authority similar to that outlined in the UNCITRAL rules….
Recognition and Enforcement of Foreign Arbitral Awards in Russia revisited: the case of Hipp GmbH & Co. Export KG (Austria) v. OOO SIVMA Detskoe Pitanie & ZAO SIVMA (Russia)
…clause referring to VIAC and the Vienna Rules. Based on these arbitration clauses, an arbitral tribunal constituted according to the Vienna Rules decided on 19 August 2009 that the OOO…
Kicking (all) the Tyres
…rules against champerty and maintenance used to forbid third party funding, these rules have been somewhat relaxed recently, although a discussion of this area is outside the scope of this…
“Waiter, I did not order this! – The Arbitrator and the Evidentiary Excess”
…has been set down in the 2010 revision of the IBA Rules on the Taking of Evidence in International Arbitration (“IBA Rules”) which put the entire evidentiary process under the…
5th Annual Congress on Arbitration, 12-13 October, Buenos Aires
…is currently before the Congress was discussed (arbitration rules in Argentina are still found in the procedural codes) and criticized, in particular in relation to the possibility of parties to…
Kosovo and Arbitration – The Birth of a New State
…its fervent pursuit in negotiating and concluding BITs are strong evidence of this. However, its role as a seat for international arbitration in the future will depend considerably on the…
A Code of Conduct for Counsel in International Arbitration
…natural candidate for devising such a code, given its previous involvement in developing the IBA Rules on Taking of Evidence and Guidelines on Conflicts of Interest. But initiative on the…
The New World of International Trade Arbitration
…DSU. The procedures are similar to investment arbitration. There are provisions for the request for arbitration, establishment of an arbitral panel, rules on arbitrator conduct, rules governing proceedings, evidence gathering…
Can I do this? – Arbitrator’s Ethics
…founded the IBA Counsel Ethics Task Force which is currently in the process of “investigating” differences in national rules in an attempt to determine whether these differences could undermine the…