…to German law, in derogation of the substantive rules of the seat of arbitration (Turkish law) expressly designated by the contracts. On the other hand, the award-creditor, inter alia, referred…
…first made its presence in arbitration through Rule 41(5) of the 2006 ICSID Arbitration Rules (now found in Rules 41 and 43 of the amended ICSID Arbitration Rules (2022)). This…
…Rules. The ICSID Convention Article 27 curtails the home State’s capacity to assert diplomatic protection. Invoking the responsibility of another State for violations of investor rights, in turn, is dependent…
…standards of investment protection (FET, expropriation), excludes intra-EU ISDS from the scope dispute settlement, and the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration are made applicable to all ISDS…
…conventional financial rules, enabling thus mismanagement and irresponsible corporate governance practices. Yet, it is also likely that, to clean this mess, governments may introduce regulation in the near future to…
…unclear what Rules mean by “reciprocity”. The Rules state that for reciprocity, BCI would consider the Indian law firms and lawyers operating in the corresponding jurisdiction. For example, several Indian…
…ICSID Additional Facility rules is subject to the enforcement regime of the New York Convention. When examining a jurisdictional objection thereunder, the enforcement court must establish on what basis did…
…and (2) institutional capacity. Li posed the open question whether we need more institutions and bespoke rules to deal with BRI disputes. Existing institutions, such as HKIAC, CIETAC, ICC and…
…on a uniform set of rules amongst all states. As a result, the NYC does not refer to any specific set of rules, leaving it to each contracting state to…
…introduced rules with express reference to diversity. The discussion on ethnic and cultural diversity in international arbitration is by no means a ‘new’ conversation, with the topic being considered in…
…new stage. By now, states are working in the weeds on concrete reform proposals across a wide range of issues, from ethical rules for adjudicators, to the regulation of third-party…
…A Guide to the SCC Arbitration Rules, the rule should be applied restrictively. By agreeing to arbitration under the SCC Rules, the parties also “undertake to comply with any emergency…
…them through the lens of ICSID’s recently modernized rules and the reform of ISDS being undertaken in the European Union. The speakers offered their opinions, complemented by their own firsthand…
…support had breached the laws and arbitration rules and whether it had hampered the impartiality of the arbitral tribunal. The courts first held that there was no reasonable legal basis…
…Clause 20 of the Contract and a three-member panel composed by John Fellas, Adam Constable KC and Andrew White KC (the “Tribunal”), established under the arbitration rules of the London…
…arbitration under the UNCITRAL Rules, although, for some reason, the old 1976 rules and not the new ones, which notably include the transparency rules. Moreover, the parties involved in an…
…flexibility of procedure and availability of specialized procedural rules; (4) worldwide coverage of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) enabling cross-border recognition…
…contrary, the Court found that the decision of the Tribunal was grounded on principles and rules regarding compliance with contractual commitments that were consistent with rules under Colombian law on…
…the parties had agreed to resolve disputes arising from the contract by arbitration pursuant to the LCIA rules, that the parties had indicated English law as the governing law of…
…these claims. In particular, it recognizes that although limitations to arbitration (such as in transparency and third party participation) exist, amendments have already been made to institutional rules to better…
…BIT itself, either as a principle of interpretation or by importation to the BIT of external rules as a matter of construction. Since the Second World War, a huge domain…
…by an arbitral tribunal in accordance with the Arbitration Rules of the German Arbitration Institute (‘DIS Rules’); and (ii) expressly references, or at least tacitly incorporates, the Supplementary Rules for…
…with the need for virtual hearings several Institutional arbitral tribunals have framed rules for conducting virtual hearings. He suggested that the arbitral institutions in India should also draft and adopt…
…of arbitral awards, while: (ii) creating uniformized rules for arbitration, (iii) ensuring adequate decisions on challenge of arbitrators, and (iv) developing projects in the region. Well, if the past was…
