…of case law history, why change it now? Finally, often when parties opt for institutional rules, any discrepancies are cleared out, resulting in the same or almost the same outcome….
…court’s expertise prevails. The test is set out as follows: “[i]f the challenge requires the production and review of factual evidence, the court should normally refer the case to arbitration,…
…The U.S. Delegate, Green Hackworth, noted that the proposed limiting language on sources was also untenable, as very few rules of international law were universally accepted by the international community….
…tape. The purpose of the filing was to secure the court’s assistance with additional discovery of Crude outtakes to facilitate the arbitration and secure preservation of all relevant evidence “related…
…and provides a uniform treatment of awards regardless of the country of origin, procedural rules involved, etc. amongst other standardizing attributes. With many jurisdictions having embraced the Model Law, there…
…law. The Tribunal then noted that the ever increasing list of criteria has resulted in some tribunals taking the view that the notion of investment is to be viewed solely…
…. but cannot be explained or varied or extended by extrinsic evidence of the intention of the person making it” There are indeed good reasons for not allowing the arbitrators…
The recent publication of the LCIA India Arbitration Rules (the ‘Rules’) has sparked a fair amount of discussion and interest, not in small measure owing to the fact that this…
…addition, the Russian Chamber of Commerce and Industry has also introduced several important amendments to the ICAC Rules (the “Rules”). The position of the First Deputy- Chairman of the ICAC…
…document disclosure; (ii) 95% identified the “failure of tribunals to narrow issues, evidence and argument leading parties/counsel to feel need to cover all bases” and (iii) 90% identified excessive concern…
…very idea of them! A bourgeois arbitral tribunal that rules on questions of life and death, divines God’s will and determines the course of history!” Writing in the aftermath of…
…rules refer in Article 31 to “the costs of arbitration”. Although the rules also provide for a non-exhaustive list of what “may” be included as such costs, , the concept…
…available to Heinz at the time of the hearing. ELF argued that a reasonable solicitor could have discovered this evidence during the arbitration and that the “fresh evidence” test was…
…as co-arbitrator in both arbitrations for lack of independence before the ICC Secretariat pursuant to Article 11 of the ICC Rules. The ICC Court nevertheless confirmed P’s nomination without stating…
…to the rules developed by Swiss state courts, the admissibility of a request for declaratory relief must be determined in accordance with Swiss law. However, since neither the requirements of…
…the ICCA Congress concluded, a court in São Paulo issued an injunction ordering a sitting ICC arbitration tribunal to widen the scope of the expert evidence it was considering. The…
…the competence-competence principle and the generally accepted moment of the constitution of the arbitral tribunal and the rules enshrined in the national arbitration statute, which are applicable both to domestic…
…which rules from other sources are integrated though implied incorporation methods, or by direct reference to certain supplementary rules…” This is an important principle to highlight in light of current…
…States Constitution, the Oklahoma Constitution, the United States Code, federal regulations promulgated pursuant thereto, established common law, the Oklahoma Statutes and rules promulgated pursuant thereto, and if necessary the law…
…2005, the vast majority submitted either under the ICSID, the ICSID Additional Facility or the UNCITRAL Arbitral Rules. (UNCTAD, “Latest Developments in Investor-State Dispute Settlement,” 2010, available at https://www.unctad.org/en/docs/webdiaeia20103_en.pdf). (These…
…and may wish to incorporate those Rules into their arbitration clause. It is to be noted, however, the AAA’s Supplementary Rules for Class Arbitration are likely subject to amendment in…
…elapsed with neither party filing a request for rectification or vacation as provided by the relevant Affidavit and Rules of the International Center for Dispute Resolution of the American Arbitration…
…specify any institutional rules to be used in connection with the arbitration. According to the court, in the absence of any such rules specified in the Charter Party Agreement, either…
…legal entities of public law could not circumvent the rules determining the jurisdiction of the French administrative courts if the dispute touches upon rules of French administrative law that are…
