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Appointment of arbitrators, Arbitration Agreements, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Domestic Courts, ICC Arbitration, National Arbitration Laws, Partial award, Set aside an international arbitral award

Challenges: Do Institutional Rules matter? The situation after Tecnimont II

Alexis Mourre (Castaldi Mourre & Partners)/November 5, 2010 /2 Comments

…rules relating to challenges. The ICC partial award had been quashed by a 12 February 2009 judgment of the Court of Appeal of Paris, because the chairman of the arbitral…

Arbitration Awards, International Law

International Law Banned in Oklahoma State Courts

Roger Alford (General Editor) (Notre Dame Law School)/November 3, 2010 /1 Comment

…States Code, federal regulations promulgated pursuant thereto, established common law, the Oklahoma Statutes and rules promulgated pursuant thereto, and if necessary the law of another state of the United States…

Arbitration Act

In Defence of Section 69 of the English Arbitration Act

Kate Davies (Allen & Overy LLP)/November 1, 2010 /1 Comment

YIAG

…on a challenge at the recognition and enforcement stage) – have resulted in many parties contracting out of section 69. They also led the LCIA to draft its rules so…

Anti-arbitration, ICDR protocol, Manufacturer/Supplier Disputes, On-line settlements

Anti-Arbitration: Coming Soon to a Commercial Dispute Near You? Inexpensive On-Line Mediation and Arbitration

Michael McIlwrath (MDisputes)/October 31, 2010 /2 Comments

…into evidence. The filing fee of 500 USD shall be advanced by the claimant by wire transfer. The responding party (“respondent”) will be notified of the filing by email and…

BIT, Investment protection

Treaties and Custom in Trade and Investment

Roger Alford (General Editor) (Notre Dame Law School)/October 28, 2010 /1 Comment

…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,…

Brazil, Partial award, Public contract disputes, Public Entities

Question Mark on the Arbitrability of Disputes Arising out of Public Contracts in Brazil

Roberto Castro de Figueiredo/October 22, 2010March 2, 2021 /3 Comments

…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…

Arbitrators, Commercial Arbitration, Confidentiality, Other Issues

Reflections on the New International Arbitration Global Survey

Andrea Menaker (White & Case LLP)/October 22, 2010 /Leave a comment

White & Case

…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…

Arbitration Proceedings, Costs in arbitral proceedings

The Instant Cost Order

Niuscha Bassiri (ArbBoutique)/October 19, 2010 /1 Comment

YIAG

…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

Michael McIlwrath (MDisputes)/October 18, 2010 /2 Comments

…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…

Appointment of arbitrators, Arbitrators, Europe

Siemens – Dutco Revisited? Balancing Party Autonomy and Equality of the Parties in the Appointment Process in Multiparty Cases

Stefan Kröll (Dr Stefan Kröll, LL.M., Rechtsanwalt)/October 15, 2010 /3 Comments

Institute for Transnational Arbitration (ITA)

…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…

Investment Arbitration

Smoke Signals from Uruguay

Luke Eric Peterson (Investment Arbitration Reporter)/October 13, 2010 /Leave a comment

…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

Anti-Arbitration: The Uninvited Guest at the Table

Michael McIlwrath (MDisputes)/October 12, 2010 /2 Comments

…“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…

Arbitration Agreements, Arbitration Awards, New York Convention

The Miami Draft: the Good Twin of the NYC*

Marike R. P. Paulsson (Albright StoneBridge Group)/October 7, 2010November 22, 2016 /3 Comments

…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…

Actual expenditure, Commercial Arbitration, Damages, Fair market value, Historic costs

Do Costs Matter?

Anthony Charlton (FTI Forensic and Litigation Consulting)/October 6, 2010 /Leave a comment

…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…

Arbitration Institutions and Rules, Arbitrators, Commercial Arbitration, Investment Arbitration

Are unilateral appointments defensible? On Jan Paulsson’s Moral Hazard in International Arbitration

Alexis Mourre (Castaldi Mourre & Partners)/October 5, 2010 /1 Comment

…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, Corporate Counsel's view

Anti-Arbitration: On Things Undeniably Good and a Different Kind of Neutrality

Michael McIlwrath (MDisputes)/October 5, 2010 /Leave a comment

…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

Christophe von Krause (White & Case LLP)/September 28, 2010 /2 Comments

White & Case

…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…

Confidentiality and Transparency, Investment agreements, UNCITRAL Model Law

Status of the Work of UNCITRAL’s Working Group II

J. Martin Hunter (Essex Court Chambers)/September 20, 2010 /2 Comments

Institute for Transnational Arbitration (ITA)

…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….

Canada, ICSID Convention, Investment Arbitration, Investment protection, NAFTA, North America

Is the System Working: What Lessons Can Be Learned From A Canadian Trilogy Of Investor Claims (AbitibiBowater, Chemtura, First Quantum Minerals)?

Andrew de Lotbinière McDougall (White & Case)/September 15, 2010 /Leave a comment

White & Case

…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

Justin D'Agostino (Herbert Smith Freehills)/September 14, 2010 /3 Comments

Herbert Smith Freehills

…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…

Disclosure, Section 1782 Discovery

In re Caratube: Section 1782 Under the Arbitral Tribunal’s Control

Gary B. Born (Wilmer Cutler Pickering Hale and Dorr LLP)/September 10, 2010September 24, 2019 /1 Comment

WilmerHale

…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…

Asia-Pacific, Crown Immunity, Dispute resolution clause, Sovereign Immunity

The Immunity of the PRC Government in Hong Kong: Obtain Waivers or Waive Goodbye

Justin D'Agostino (Herbert Smith Freehills)/September 7, 2010 /1 Comment

Herbert Smith Freehills

…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…

Arbitration Proceedings, Canada

To Specialize or Not: How Should National Courts Handle International Commercial Arbitration Cases?

Hon. Barry Leon (Caribbean Arbitrators, Arbitration Place, 33 Bedford Row Chambers)/September 2, 2010 /1 Comment

…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…

Legislation, UNCITRAL Model Law

New Arbitration Law in the Republic of Georgia

Michael Wietzorek (Taylor Wessing)/September 1, 2010 /4 Comments

YIAG

…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…

Kluwer Arbitration Blog

Search Results for: iba rules on the taking of evidence

Challenges: Do Institutional Rules matter? The situation after Tecnimont II

International Law Banned in Oklahoma State Courts

In Defence of Section 69 of the English Arbitration Act

Anti-Arbitration: Coming Soon to a Commercial Dispute Near You? Inexpensive On-Line Mediation and Arbitration

Treaties and Custom in Trade and Investment

Question Mark on the Arbitrability of Disputes Arising out of Public Contracts in Brazil

Reflections on the New International Arbitration Global Survey

The Instant Cost Order

Anti-Arbitration: A Modest Proposal for Standardized Performance Metrics

Siemens – Dutco Revisited? Balancing Party Autonomy and Equality of the Parties in the Appointment Process in Multiparty Cases

Smoke Signals from Uruguay

Anti-Arbitration: The Uninvited Guest at the Table

The Miami Draft: the Good Twin of the NYC*

Do Costs Matter?

Are unilateral appointments defensible? On Jan Paulsson’s Moral Hazard in International Arbitration

Anti-Arbitration: On Things Undeniably Good and a Different Kind of Neutrality

The European Commission’s Opposition To Intra-EU BITs And Its Impact On Investment Arbitration

Status of the Work of UNCITRAL’s Working Group II

Is the System Working: What Lessons Can Be Learned From A Canadian Trilogy Of Investor Claims (AbitibiBowater, Chemtura, First Quantum Minerals)?

Impartial: Yes. Neutral: Maybe Not

In re Caratube: Section 1782 Under the Arbitral Tribunal’s Control

The Immunity of the PRC Government in Hong Kong: Obtain Waivers or Waive Goodbye

To Specialize or Not: How Should National Courts Handle International Commercial Arbitration Cases?

New Arbitration Law in the Republic of Georgia