Federal Tribunal Revises Award Influenced by Fraud
…L, and others, found no evidence of corrupt influence peddling via-a-vis the governments of France, Taiwan, or China. On 4 September 1996, a French state court rendered an enforcement order…
…L, and others, found no evidence of corrupt influence peddling via-a-vis the governments of France, Taiwan, or China. On 4 September 1996, a French state court rendered an enforcement order…
…surely in part due to the way that parties and tribunals have described preliminary requirements; significantly, unlike in the ICJ’s Rules, which in Article 79(1) entertain the possibility of preliminary…
…submit sufficient evidence. The Amsterdam Court of Appeals reached a different conclusion. It reviewed in depth the evidence submitted and held that the Russian courts in this case had lacked…
…enforcement will then be stayed provisionally until the ad hoc committee established to hear the annulment request rules on whether to continue the stay. Unsurprisingly, States requesting the annulment of…
…is for the benefit (and waivable) by one of the parties. The last place that counsel want to be is in the witness box giving evidence on their settlement negotiations….
The Swiss Rules of International Arbitration (the “Swiss Rules”) entered into force on 1 January 2004. These rules were originally adopted by the Chambers of Commerce and Industry of Basel,…
…Chevron’s efforts to resist enforcement of any environmental rulings emanating from Ecuador; in other words, Chevron might trumpet an award for “denial of justice” as concrete evidence of the unreliability…
…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…