…close consideration. With respect to emergency relief, he acknowledged that although arbitration rules increasingly provide for emergency relief, there is generally more comfort in resorting to the courts for such…
…to hold oral hearings for the production of evidence or oral arguments, or to proceed with the issuance of the arbitral award based solely on written documents and material evidence….
…the one hand, Ecuador decided to rejoin the ICSID system and, on the other, its highest court on constitutional matters rules that a treaty providing for ICSID arbitration is unconstitutional….
…that prevented Chinese arbitration institutions from accepting investor-state arbitration cases. As noted, several leading arbitration institutions in the PRC launched investment arbitration rules, i.e., SCIA Rules Article 2(2), CIETAC Rules,…
…As such, the tribunal could not conclusively determine whether the treaty contains specific rules regarding dual nationality and had to rely on other rules of international law. As per the…
…actively encourage settlement between disputing parties. In comparison, the LCIA Arbitration Rules do not contain similar provisions. Powers of Courts and Tribunals in Singapore In Singapore, different procedural rules may…
…a comprehensive set of procedural rules for governing arbitration proceedings. Parties can mutually agree upon the procedural rules to be applied in their arbitration proceedings if required. If there is…
…rationality, bounded willpower and bounded self-interest which explains why parties favour certain arbitration rules and procedures on confidentiality. An examination of leading arbitration rules such as the London Court of…
…new rules offered limited access to the ISDS mechanism compared with NAFTA. Furthermore, investors from Canada and the U.S. face an additional restriction as ISDS rules expired between the two…
…impartiality in accordance with article 13, paragraph 6 of the CRCICA Arbitration Rules. An Operator of the Relevant Industry (“First Operator”) v. Another Operator of the Relevant Industry (“Second…
…Respondent from taking part in the proceeding or assert its rights. Furthermore, the Court stated that service was made according to contractual rules agreed upon by the parties, over which…
…and Ms. Nataf observed differences in the views of French and English courts on corruption in arbitration and the power to investigate evidence. They discussed the Alstom case (reported here),…
…arbitral proceedings against the foreign shareholder and the Company under the Dubai International Arbitration Center (“DIAC”) Rules claiming his entitlements arising from the said addendum. The tribunal rendered a favorable…
…the structure in the first volume. The cases refer to different versions of the Vienna Rules. Reference to “Vienna Rules” indicates the relevant Article of the Vienna Rules 2021, while…
…he also cautioned that certain issues are likely to occur as a consequence of taking this stance, e.g., two individuals sharing rights to one common digital asset. The second group…
…evidence in the record is not sufficient, involving them late in the arbitration could mean either that key evidence will be missing, or that the document production process will need…
…This guiding case, without doubt, conveys a clear message of Chinese courts’ stance on implementing stringent supervision over cryptocurrencies. However, taking a step back, if the award merely required the…
…change the rules on damages and causation, and to have such change apply to many future investor-State disputes. With that background, this blog post proposes new rules on damages and…
…orders a party to take or to refrain from taking certain actions). Unlike in many common law countries, a Mareva injunction is not generally available in Korea. That is, unlike…
…Process & Industrial Development, para. 360). In his 140-page judgment, he painstakingly documents the evidence and legal arguments and finds plausible Section 68 of the English Arbitration Act grounds for…
…familiarity with a State’s court system, potential arbitrators should one need to be appointed under the rules, and the capability of the rules, in conjunction with the seat, to address…
…the Civil Procedure Rules grants the court discretion to vary the period. In this light, English courts have adopted various approaches to this limitation, ranging from refusing to extend the…
…Friederike Schäfer then observed that it can be quite challenging for arbitral institutions to meet the short deadlines under emergency arbitrator rules. Having acted as an emergency arbitrator before, Sophia…
…institutional rules (e.g., Appendix IV a) ICC Rules). He opined that bifurcation of the proceedings could be a useful tool if the tribunal was well prepared and the decisive issues…
