Misconduct & jurisdiction: Some cases from the history stacks
…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,…
Search Results for: iba rules on the taking of evidence
Perenco v. Ecuador: Was there a valid arbitrator challenge under the ICSID Convention?
…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…
Arbitration Agreements, Arbitration Awards, Arbitration Proceedings, Commercial Arbitration, Domestic Courts, Enforcement, Europe, European Law, National Arbitration Laws
Existence and Validity of an Arbitration Agreement: The French Supreme Court Confirms that the Validity of an Arbitration Agreement Depends Primarily on the Common Intent of the Parties
…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…
Swiss Federal Supreme Court sets aside CAS award for lack of a valid arbitration agreement
…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…
Creeping Codification of the New Lex Mercatoria: The TransLex Principles at www.trans-lex.org
…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…
The new CEDR Rules for the Facilitation of Settlement in International Arbitration – A very useful and welcome tool
…the Rules, as has become common practice for instance with regard to the IBA Rules on the Taking of Evidence in International Commercial Arbitration. Georg von Segesser / Christopher Boog…
Arbitration Awards, Arbitrators, Commercial Arbitration, Domestic Courts, Investment Arbitration, Legal Practice
10 Investor-State Awards I Hope to Read in 2010
…landmark international claim. Under ICSID rules, South Africa must give its assent to any withdrawal of the claim. Unless the parties can agree how to apportion the government’s legal costs,…
“Surgical” Nationalization and its Complications
…telecoms sector, it was excising only the 94% shareholding allegedly controlled by the British Peer, Lord (Michael) Ashcroft. Compared to the large-scale nationalizations taking place elsewhere in the hemisphere, this…
Difficulties Enforcing New York Convention Awards in the U.S. Against Non-U.S. Defendants: Is the Culprit Jurisprudence on Jurisdiction, the Three-Year Time Bar in the Federal Arbitration Act, or Both?
…York Convention provides that contracting states shall recognize and enforce arbitral awards “in accordance with the rules of procedure of the territory where the award is relied upon.” The jurisdictional…
Arbitration Agreements, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Investment Arbitration
Hard Reset Vs. Soft Reset: Recalibration Of Investment Disciplines Under Free Trade Agreements
…and uniform rules that exhaust the creative functions of international tribunals. To the contrary, they may preserve the flexibility required for adaptation to the circumstances of particular disputes. Given the…
Control of the arbitral tribunal’s jurisdiction in parallel proceedings and waiver of arbitration
…providing for dispute resolution by a sole arbitrator sitting in Geneva under the Swiss Rules of International Arbitration. In November 2008, the lessee, X, complained about various defects in the…
How to remediate moral damages suffered by a State?
…exceptional circumstances such as physical duress [were] present in this case to justify moral damages” (para. 181). The Tribunal therefore rejected the claim essentially based on lack of evidence. The…
Swiss Federal Supreme Court Rejects Annulment and Revision of CAS Award
…failed to take into account the newly submitted evidence in its decision. In particular, X claimed that it had notified CAS of a new technical directive of the World Anti-Doping…
The Continuing Debate As to Whether Non-Chinese Institutions May Administer Arbitrations In China
…ICC, to administer arbitrations in China. In practice, a number of arbitrations have taken place and are currently taking place in China under the rules of the ICC and other…
Arbitration Agreements, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Commercial Arbitration, Domestic Courts, Enforcement, Europe, Jurisdiction, National Arbitration Laws, Seat of the arbitration
When is the ‘Venue’ of an Arbitration its ‘Seat’?
…venue of the arbitration – in an arbitration clause that provides for arbitration to be conducted in accordance with the ICC Rules – provided sufficient evidence to satisfy the court…
The Renewed Debate on the Limits of Discovery Under Section 1782
…forum by arbitration parties planning to obtain evidence or witness testimony from the United States. To ensure the availability of Section 1782 discovery, such parties might seek actively to arbitrate…
The Relationship Between Enforcing Judgments and Denial of Justice Claims?
…million Nicaraguan judgment. Here’s the key excerpt of the decision: “the evidence before the Court is that the judgment in this case did not arise out of proceedings that comported…
Federal Tribunal Revises Award Influenced by Fraud
…L, and others, found no evidence of corrupt influence peddling via-a-vis the governments of France, Taiwan, or China. On 4 September 1996, a French state court rendered an enforcement order…
Arbitration Awards, Arbitration Proceedings, International Courts, Investment Arbitration, Jurisdiction, North America
The “difference without a distinction” strikes again in Glamis Gold: notes on the persisting confusion of preliminary objections to “admissibility” with objections to “jurisdiction” in investment disputes
…surely in part due to the way that parties and tribunals have described preliminary requirements; significantly, unlike in the ICJ’s Rules, which in Article 79(1) entertain the possibility of preliminary…
Arbitration Awards, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Domestic Courts, Enforcement, Europe, New York Convention
Recognition and enforcement of annulled arbitral awards – the Yukos Capital decision
…submit sufficient evidence. The Amsterdam Court of Appeals reached a different conclusion. It reviewed in depth the evidence submitted and held that the Russian courts in this case had lacked…
Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Enforcement, Investment Arbitration
Should States be required to post a security as a condition for the stay of enforcement of an ICSID Award during Annulment Proceedings?
…enforcement will then be stayed provisionally until the ad hoc committee established to hear the annulment request rules on whether to continue the stay. Unsurprisingly, States requesting the annulment of…
Arbitration Agreements, Arbitration Awards, Arbitration Proceedings, Investment Arbitration, Jurisdiction
A cautionary tale of settlement negotiations: Azpetrol v. Azerbaijan
…is for the benefit (and waivable) by one of the parties. The last place that counsel want to be is in the witness box giving evidence on their settlement negotiations….
The Swiss Rules of International Arbitration – Five Years of Experience
The Swiss Rules of International Arbitration (the “Swiss Rules”) entered into force on 1 January 2004. These rules were originally adopted by the Chambers of Commerce and Industry of Basel,…
Chevron goes all-in against Ecuador; New claim reflects latest BIT usage
…Chevron’s efforts to resist enforcement of any environmental rulings emanating from Ecuador; in other words, Chevron might trumpet an award for “denial of justice” as concrete evidence of the unreliability…