…flexible in allowing non-parties to make written submissions as amici curiae. This trend is already reflected in certain arbitral rules. Under ICSID Rule 37(2), for example, third parties may be…
ICSID arbitration proceedings against Germany (Vattenfall AB, Vattenfall Europe AG, Vattenfall Europe Generation AG & Co. KG v. Federal Republic of Germany – ICSID On April 17, 2009, the government-owned…
…respects have to be changed according to uniform rules compliant with principles such as the free circulation of judgments and mutual trust between jurisdictions. Choice of law rules would have…
…whole. The authors address issues such as gaps in the procedural rules, the lack of development in certain substantive areas of international investment law, inconsistencies in decision-making and public policy…
…loser of the proceedings, and the more accepted practice of fee-shifting in international arbitrations as expressed in procedural rules such as the UNCITRAL and LCIA Rules. Indeed, even for arbitrations…
…ICC rules) rather than to the Chamber of Commerce of Zurich and its institutional rules (the Swiss rules). Accordingly, the SFC dismissed Respondent’s appeal. The second topic addressed by the…
…might constitute foreign investments covered by such treaties. If would-be claimants opted for arbitration under the UNCITRAL rules, they would simply need to make a case that their activities are…
In two recently reported cases, parties to arbitrations have challenged arbitrator and/or institutional fees where the underlying awards have also been subject to annulment or set aside proceedings. Are these…
…with Kazakhstan that “the full protection and security standard in Article II(2) of the UK-Kazakhstan BIT must be construed in accordance with the accepted rules of treaty interpretation”, and adopted…
The Japan Commercial Arbitration Association (the “JCAA”) introduced their International Commercial Mediation Rules (the “Rules”) on 1 January 2009. The JCAA has followed the lead of other international arbitral institutions…
…documentary evidence alone. Thirdly, the rules apply automatically to all cases where the amount in dispute is below CHF1 million (currently US$880,000). This is higher than under other rules with…
…which many parties insist. This seems clear from the frequency of explicit contractual stipulations to this effect, as well as from similar provisions found in rules devised by arbitral institutions….
George Bermann, the ALI Reporter for the Restatement (Third) on the U.S. Law of International Commercial Arbitration, presented a wonderful summary of the current progress on the Restatement at the…
…for Arbitrators (the “2004 Code”), or the International Bar Association Guidelines (the “IBA Guidelines”). According to the Working Group, the Revised Draft contains numerous examples of recommended disclosures where no…
…contract, both parties had willingly submitted to the 1998 version of the rules in signing the Terms of Reference with the arbitrators (which mentioned the 1998 rules nine times). The…
…opinion. The nature of the appeal required the Court to consider the tribunal members’ approach to construction and their evaluation of the evidence, so allowing it to enquire as to…
One of the defining features of the international arbitration community is the plethora of international arbitration conferences. Every month the calendar is full of opportunities to travel the world to…
…or otherwise uses the corporate structure to conceal a legal impropriety (Adams v. Cape Industries Inc.) or where there is evidence of fraud (Jones v. Lipman; BCCI v. Adham; Glencore…
…material as evidence in the case.” 9 U.S.C. § 7 (emphasis added). The Court read this provision literally and concluded that an arbitrator may not order a non-party to produce…
…Canada challenges these duties as inconsistent with trade rules. On one hand Canada is allegedly culpable of distorting bilateral trade; on the other hand the US is allegedly guilty of…
…question must be provided for by law, must be permanent, must respect due process requirements, must apply rules of law and those under its jurisdiction must be bound to go…
…that deserves far greater attention than it typically receives by the international arbitration community. Under the CAS Rules, all CAS tribunals have their seat in Lausanne, Switzerland and therefore all…
…of interim relief requests. The rules regarding interim relief of various arbitration institutions were inspired by the language of the ICJ Statute. For example, Article 41 of the ICJ Statute…
…2001; 43 cases have been registered with ICSID and 3 cases have been filed under the UNCITRAL Rules; awards have been issued in 12 cases (3 of them denying jurisdiction…
