…automatically. Article 28.6 of the ICC Rules and Article 26.9 of the LCIA Rules provide that the parties by agreeing to arbitration under the respective Rules waive their right to…
…establish standards for the treatment of foreign investment. For example, they regulate the taking of investment property, prohibit discrimination against or among foreigner investors, and entitle foreign investors to “fair…
…and according to the province’s “rules of court”. The proceeding was unusual in that it was conducted in public, and attracted considerable media attention in Canada. Ultimately, the sole arbitrator,…
…court was not entitled to review the merits of the award and, even if the Qatari court asserted such jurisdiction, Article 28 of the ICC Rules (which provides that awards…
In 2006, the ICSID Arbitration Rules were amended to allow a party to make a preliminary objection to claims that are “manifestly without legal merit.” The procedure for this objection…
…been viewed as merely a sub-category of the international minimum standard. However, recent practice and international case law has started taking the view that the FaETS expands the scope the…
…Cement says that it is because it cannot produce share certificates to establish that it owns shares in CEAS and Kepez but the Respondent says that the evidence shows that…
…new rules of customary international law in the future. By their very nature, customary rules evolve over time. The repetitive enunciation of some of the standards of protection existing under…
…a full hearing of all the relevant evidence, or is it more in the nature of a review of the decision of the arbitrators on the issue of jurisdiction? Aikens…
…with fairly few empirical studies that occupy the space between black letter analyses and anecdotal evidence. There is also a proliferation of arbitration courses for students and/or practitioners. The corporate…
…almost complete statement of evidence. SSE recognized that Hederstierna had narrowed the proceedings to the issues relevant for the resolution of the employment agreement. It was evident that Hederstierna, possibly…
…outer limits of ICSID jurisdiction. Decision at ¶ 107. It observed that, on a deeper level, is was “not persuaded that there is anything in the rules of treaty interpretation…
…Chapter 11, or of the ICSID Convention or Rules, confers such a power … It may be inferred that if such a power exists, it would only be for the…
…the final award, new evidence which made it possible to demonstrate that the consultancy agreement was in fact an undertaking to commit bribery and therefore null and void. Based on…
…preclusive effects of arbitral awards in further arbitral proceedings set forth below need not necessarily be governed by national law and may be governed by transnational rules applicable to international…
…the court is required to consider all relevant factual evidence relied on by the party opposing enforcement. To the extent that such evidence has already been considered by the arbitral…
…Rules ( https://www.cietac.org.cn/english/rules/rules.htm) and the Concerns Raised at the Conference: The 2005 Rules have brought CIETAC arbitration more in line with the procedures provided for by the rules of the…
…Nations investors” (i.e. indigenous persons) before taking regulatory action that will substantially affect their interests. In its counter-memorial in that case, the US Government has questioned whether there is such…
…of development of relevant custom rules in the field of international investment law. It is nonetheless largely agreed today that some rules of customary law have emerged. For instance, one…
…run increasingly under the radar for a number of years– unless both governments (or all claimants) pledge to disclose such cases to the extent permitted under these other arbitral rules….
…Petrobangla provided for arbitration under the ICC Rules with Dhaka, Bangladesh as the seat of arbitration. A dispute arose and Saipem began an arbitration. During the arbitration, the ICC Tribunal…
…contempt proceeding in US courts, arising from enforcement of an arbitration award in arbitral proceedings seated in New York under UNCITRAL rules brought by a Norwegian company (Telenor) against its…
…to cope with the pace of change. Although the landscape has changed dramatically in recent decades, the arbitration rules and practice remain largely the same. Arbitrators are authorized under existing…
…– The arbitrators and the secretariat were appointed in accordance with the same arbitration rules. The rules, thus, envisaged that the CRT-I was going to need secretarial infrastructure which could,…
