…is rather strange given the usual allocation of roles in dispute settlement: witnesses provided evidence; experts opine on technical issues or facts; and counsel make legal submissions based on the…
…and outcomes. – Charts and checklists to assist parties as, for example, the steps they should consider taking when a dispute first arises, before formal proceedings are commenced. – Measures…
…government’s responsibility based on veil-piercing theories that were asserted in a politically volatile context and required complex examination of evidence located in East European capitals. Id. at 494-95, 500. Given…
…completely in line with Articles V and VII of the New York Convention; (3) the IBA Arbitration Committee’s proposals of enlarging the grounds of non-recognition under Article 34 JR run…
…four of the five respondent’s motions to call for crucial evidence and the motion to demand and hear a witness and thus the respondent was unable to present his case;…
…are at stake. The American victims argued that one of the reasons the case should not go to arbitration is that there are clearly established rules requiring federal courts to…
…of the AAA Commercial Arbitration Rules. As I understand it, they were to the point of the final oral hearing, and, thus, presumably the parties had expended a chunk of…
…arbitration agreements and foreign arbitral awards. As such, the Convention permits Member States to apply more favourable rules. In short, the Convention’s application and interpretation falls back on national arbitration…
…ICSID Convention and Rule 39(1), ICSID Arbitration Rules) or the power to make orders required for the conduct of the proceedings (Rule 19, ICSID Arbitration Rules). The Order notes that…
…Taking the facts as the FWO tribunal has narrated them, there was no clear basis why the state controlled entities withdrew the tender after it had been acquired by the…
…that it had no power to review the factual findings made in the CAS Award, nor to assess new evidence. The Federal Tribunal can only review an international arbitral award…
…the arbitration agreement. See e.g., ICC Arbitration Rules, Art. 6(2); ICDR Arbitration Rules, Art. 15(1); LCIA Arbitration Rules, Art. 23.1. The federal courts have generally respected the incorporation of institutional…
…Provisional Amount Approach. This approach is designed to operate under the ICC Arbitration Rules, specifically the ICC Arbitration Rules Article 30(1) which states, “After receipt of the Request, the Secretary…
…to an international arbitration can opt out of Chapter 12 PILA and subject their arbitration to the rules of the Concordat. This option remains under the CCP. By contrast, under…
…U.S. federal court to stay an arbitral claim that Chevron and TexPet have submitted under the Ecuador-United States BIT and the UNCITRAL arbitration rules, and Chevron and TexPet have asked…
…may never have been argued before, where it is requested to review massive evidence, including expert reports, on market shares, structure of prices, etc… It is clear that challenges of…
…relied on reasonable inferences rather than a higher standard of proof such as clear and convincing evidence or beyond a reasonable doubt. For example, the summary indicates that the Board…
ICSID has just published a report on its caseload, and there is plenty of interesting data. The one that particularly caught my attention is the chart on the basis of…
…hopeless, not that the case was unhearable. The terms admissibility and inadmissibility do not appear in the UNCITRAL Rules, the ICSID Convention or the ICSID Arbitration Rules. Further, the indices…
…at the damages phase of the arbitration: “Taking into consideration, on the one hand, that this is a case of direct governmental responsibility, and, on the other hand, that Chattin,…
…in the IBA Guidelines on Conflicts of Interest in International Arbitration (“IBA Guidelines”), rather than the standard provided for in Article 14 of the ICSID Convention [3]. However, this is…
…the common intent of the parties, i.e., to apply the French substantive rules of international arbitration to the arbitration agreement. The French Supreme Court has adopted this position on a…
…had to be construed in such manner as the parties could and should have understood it in good faith, taking into account the overall circumstances of the case. Based on…
…regarded as the ideal forum for the codification of the NLM. By putting the principles and rules of the NLM in the form of black-letter rules with a synopsis of…
