UNCTAD reports on latest developments in investment treaty arbitration
…225 at ICSID, 91 under the UNCITRAL Rules, 19 under the SCC Rules, eight administered by the Permanent Court of Arbitration, and 5 with the ICC. There are four ad…
Search Results for: iba rules on the taking of evidence
Arbitration Agreements, Arbitration Institutions and Rules, Arbitration Proceedings, Commercial Arbitration, Domestic Courts, kompetenz-kompetenz, South America
Brazilian Court Of Appeal Reverses Anti-Arbitration Injunction
…International Chamber of Commerce (ICC) Rules of Arbitration, whereas the articles of incorporation of FAT Brasil provided for arbitration under the Rules of Arbitration of the Brazil-Canada Chamber of Commerce….
Arbitration Agreements, Arbitration Proceedings, Domestic Courts, Federal Arbitration Act (FAA), Manifest disregard of the law
Stolt-Nielsen: Postscript on Class Arbitration?
…task.” In this context, the Court expressly declined to decide what evidence of an agreement to arbitrate on a class basis is sufficient to support a ruling that class arbitration…
The Death of the Secondary Boycott Against Israel
…compensation for conduct tantamount to an expropriation or denial of fair and equitable treatment. Equally momentous is the binding nature of the WTO rules, which prohibit discriminatory import bans. The…
France: A New Haven For Anti-suit Injunctions?
…Supreme Court case rendered in that respect) were fulfilled: (3) (i) the absence of fraudulent avoidance of the normally applicable law, (ii) the evidence of a sufficient link between the…
Availability of Arbitrators: What About the Other Objective Data?
…process “diligently, efficiently and in accordance with the time limits in the Rules”. While the ICC’s measures to increase transparency about arbitrator availability are certainly welcomed and commendable, they are…
Institutions Need to Publish Arbitrator Challenge Decisions
…and would reduce the number of opportunistic challenges. The major arbitral institutions’ rules, and the key non-institutional arbitral rules, do not require the body which decides a challenge to provide…
Chevron’s Discovery of Crude Outtakes
…to 28 U.S.C. 1782, which authorizes a judge in the United States to order discovery of evidence to be used in proceedings before a foreign tribunal. As reported here, Chevron’s…
US Supreme Court Rejects Non-Consensual Class Arbitration
…institutional rules, such as the AAA’s “Supplementary Rules for Class Arbitrations”, authorizing class arbitration proceedings (although, the same rules provide that “the arbitrator shall not consider the existence of these…
Why and How Arbitral Tribunals Award Compensation For Moral Damages?
…the issue. While some tribunals dismissed moral damages claims based on lack of evidence (Pey Casado v. Chile; Biwater v. Tanzania and Europe Cement v. Turkey) or lack of jurisdiction…
Piercing the Corporate Veil and Enforcement
…in Global Business Law Review is available here. * U.N. Commission on International Trade Law [UNCITRAL], Working Group on Arbitration, Working Group on Arbitration, Working Paper: Possible Rules on Certain…
Dispute Resolution in Abu Dhabi (Part IV): Is Conciliation Before Arbitration the Answer?
…As is usual, ADCCA’s conciliation rules cloak the process in confidentiality and protect any evidence or admissions from future use in arbitration or litigation. Some might see that this concilation…
Dispute Resolution in Abu Dhabi (Part 3) – A Lot Now Rides on Success of the DAB System
…do not resolve the matter, the dispute is referred to “final and binding” arbitration. The default body and rules are those of the Abu Dhabi Commercial Conciliation and Arbitration Centre…
Ten Ways to Avoid the Americanization of International Arbitration
…limit discovery; (6) imposing more serious deadlines for the different stages of arbitration; (7) adopting expedited arbitration rules; (8) embracing advanced technologies for e-discovery; (9) selecting arbitrators who are particularly…
Russia: Impartiality Test for Arbitrators
…not create any dependence or commercial interest with the counsel (law firm). Therefore, the arbitrator fulfilled the impartiality criteria set forth by international laws and the SCC Arbitration Rules. The…
The Obligation to Arbitrate Fairly and in Good Faith in Investment Treaty Arbitration
…flows as a necessary incident of a tribunal’s jurisdiction and is implicit in arbitration rules that allow a tribunal to make decisions regarding the conduct of the arbitration proceedings. If…
Is International Investment Arbitration Undertheorized?
…on international investment arbitration can serve practitioners well. But there may also be too much doctrinal writing about substantive and procedural rules and standards that confront counsel and feature in…
Who is Most Competent? Some Comments on the Allocation of Jurisdictional Competence Under the English Arbitration Act 1996
…case on the question of jurisdiction with the full panoply of oral evidence and cross-examination so that, in effect, the challenge becomes a complete rehearing of all that has already…
Does Noncompliance with Pre-arbitration Dispute Settlement Procedures Affect Awards Enforceability in Russia?
…Rules (1976), a party who knows that any provision of, or requirement under, these Rules has not been complied with and yet proceeds with the arbitration without promptly stating his…
Criminal investigations and the right to the procedural integrity of arbitration proceedings
…to prosecute crimes committed within its territory, the evidence in the record suggests that the criminal proceedings were initiated as a result of a corporate audit that targeted Claimants because…
High Increase in Arbitration Cases for Swiss Arbitration in 2009
…under the Swiss Rules of International Arbitration. A total of 104 new arbitration cases was submitted in 2009, an increase of more than fifty percent compared to 2008. According to…
Some Findings of the Russian Constitutional Court on International Arbitration
…Court found that the ICAC Rules clearly specify the procedure for mailing and delivering the documents by the ICAC Secretariat. The court noted that the Rules in force as of…
Drafting International Arbitration Clauses – IBA Draft Guidelines Published
…Conflicts of Interest in International Arbitration’, the ‘Rules on the Taking of Evidence in International Arbitration’ and ‘Rules of Ethics for International Arbitrators. The draft Guidelines are now open for…
Arbitration Agreements, Arbitration Awards, Commercial Arbitration, Domestic Courts, Enforcement, Europe, European Law, Jurisdiction, kompetenz-kompetenz, Lis Pendens, National Arbitration Laws, New York Convention, Public Policy, Seat of the arbitration, Set aside an international arbitral award
Some additional comments on the (now amended) Heidelberg Report: A reply to Professor Hess
…award should in fact fall outside the scope of the Regulation and have to be recognized under the general private international rules of the country of recognition. Professor Hess, however,…