Treaties and Custom in Trade and Investment
…arguably do not create custom, but they provide additional evidence of custom, combined with other indicia such as FCN treaties, the jurisprudence of international tribunals (such as modern ICSID awards,…
Search Results for: iba rules on the taking of evidence
Question Mark on the Arbitrability of Disputes Arising out of Public Contracts in Brazil
…arbitration under the ICC Rules. In a partial award rendered in 2009, the ICC tribunal held Metrô responsible for the additional costs, with quantum to be fixed in a second…
Reflections on the New International Arbitration Global Survey
…arbitration agreement or governing arbitration rules, while 12% were uncertain whether the arbitration would be confidential under such circumstances. The 67 interviews of survey participants will form the basis of…
The Instant Cost Order
…rules of the arbitral proceeding. 2. The “Instant Cost Order” may be issued in relation to distinct procedural phases or procedures, such as interim measures applications and production of document…
Arbitration Institutions and Rules, Arbitrators, Suggestions to improve transparency and access to usable data
Anti-Arbitration: A Modest Proposal for Standardized Performance Metrics
…example as to procedure with respect to how evidence should be gathered and shared, arguments should be presented, or if an attempt should generally be made for partial or even…
Siemens – Dutco Revisited? Balancing Party Autonomy and Equality of the Parties in the Appointment Process in Multiparty Cases
…policy. Where neither the underlying arbitration clause nor the applicable arbitration rules contained special rules ensuring the strict equality of the parties in the appointment process section 1034(2) Code of…
Smoke Signals from Uruguay
…this case to deter not only Uruguay but other signatories to the WHO’s Framework Convention from taking effective measures to safeguard the public health against the known hazards of tobacco…
Anti-Arbitration: The Uninvited Guest at the Table
…“that focus on cases with which the authors have been involved directly”. Well, that guideline, if it truly exists, pretty much rules out any insight we in-house counsel might provide…
The Miami Draft: the Good Twin of the NYC*
…and based on current practices.12) Albert Jan van den Berg, Explanatory Note. Rather than having an academic debate, it proposes rules. The Miami Draft imagines articles of the NYC, the…
Do Costs Matter?
…many millions of Euros in taking urgent action to remedy the damage caused to its business from the use of unreliable products supplied by the respondent. Where the claimant sourced…
Are unilateral appointments defensible? On Jan Paulsson’s Moral Hazard in International Arbitration
…rules have been recently revised, and none moved from unilateral to institutional appointments. The ICC is currently revising its rules, and it is unlikely to apply to all arbitrators the…
Anti-Arbitration: On Things Undeniably Good and a Different Kind of Neutrality
…the revisions to the UNCITRAL rules, providing input from a constituency that otherwise would have been absent amid service providers and academics. Not by any stretch of the word could…
BIT, Europe, European Law, Investment Arbitration, Other Issues, Vienna Convention on the Law of Treaties
The European Commission’s Opposition To Intra-EU BITs And Its Impact On Investment Arbitration
…competition, thereby not taking account of the protection granted to the investors by the investment treaty at stake. The Commission’s view, based on the supremacy of EC law over investment…
Status of the Work of UNCITRAL’s Working Group II
…is clearly evidenced by the changes to arbitral rules, international investment agreements and case law. The 2006 ICSID Arbitration Rules expressly allow for participation of non-disputing parties as amicus curiae….
Is the System Working: What Lessons Can Be Learned From A Canadian Trilogy Of Investor Claims (AbitibiBowater, Chemtura, First Quantum Minerals)?
…appear to provide compelling evidence to refute assertions recently that investment treaty arbitration as currently constituted is not a fair, independent, and balanced method for the resolution of investment disputes….
Arbitration clause, Arbitrators, English Law, Nationality requirement in arbitration clauses, Seat of the arbitration
Impartial: Yes. Neutral: Maybe Not
…frequently sought and accepted, and are commonly to be found in institutional rules, including the ICC Rules (Article 9.5) and LCIA Rules (Article 6.1) and the HKIAC Administered Arbitration Rules…
In re Caratube: Section 1782 Under the Arbitral Tribunal’s Control
…of Evidence in International Commercial Arbitration. In particular, the Rules provided that if a party seeks discovery from a third party, it should ask the Tribunal “to take whatever steps…
The Immunity of the PRC Government in Hong Kong: Obtain Waivers or Waive Goodbye
…Arbitration Rules, has seen its caseload increase substantially in recent years and, earlier this year, recruited a new Secretary-General. Thus, a recent case in Hong Kong on Crown immunity has…
To Specialize or Not: How Should National Courts Handle International Commercial Arbitration Cases?
…of the Civil Procedure Rules (CPR)). These are, generally speaking: the Commercial Court (general), the Technology and Construction Court (TCC – only for construction/engineering-related disputes), and the Business List of…
New Arbitration Law in the Republic of Georgia
…in their general structure and content follow the Model Law. It covers both domestic and international arbitration. The rules about the composition of the arbitral tribunal at large correspond to…
Are Russian Commercial Courts Becoming More Cooperative (and Predictable) in Aid of Foreign Arbitration and Litigation?
…the Russian judiciary towards greater support of arbitration and litigation taking place abroad. In the past, Russian authorities have exhibited some reluctance to enforce arbitration awards or court decisions rendered…
Good Faith and Ethics in International Arbitration: An Important Initiative by the IBA Arbitration Committee
…investigating the different and often contrasting ethical and cultural norms, standards and disciplinary rules that may apply to counsel in international arbitrations. As part of the Task Force’s information-gathering mission,…
Bilateral Investment Treaty Protections And Not-For-Profits: Practically, Is It Worth It?
…monetary aspect of an NGO’s presence in a foreign country – would the investment (if found as one under the relevant treaty and/or ICSID rules) be large enough to arbitrate?…
Why doesn’t New York Consider Adopting the Model Law After Florida’s Example?
…due to the FAA, institutional arbitration rules and other mechanisms that prevent much of New York law playing a large role in the international arbitration itself….still, would it send a…