Bribery and an Arbitrator’s Task
…of evidence — particularly as compared with that of regulatory authorities that have traditionally investigated and prosecuted crimes of bribery — and the tribunal’s lack of authority to impose criminal…
Search Results for: iba rules on the taking of evidence
Arbitration Proceedings, Disclosure, Expedited arbitration, ICC Arbitration, International arbitration, Multiple parties
Briefing note on ICC Rule changes
Amendment to the International Chamber of Commerce Rules of International Arbitration The International Chamber of Commerce has issued a revised set of rules for International Arbitration, due to come into…
Appointment of arbitrators, Arbitration Institutions and Rules, Arbitrators, Costs in arbitral proceedings
Arbitral Institutions under Scrutiny
…the Swiss Rules, it will be the end of the proceeding. This, according to Schlaepfer, is a jurisdictional and not an administrative decision. A debate later ensued between Phillipe Pinsolle…
Arbitral seat, Enforcement, Seat of the arbitration, Set aside an arbitral award, Set aside an international arbitral award
An unlikely mix – the Russian courts, a French cement company, and the 1961 European Convention on International Commercial Arbitration
…filed for arbitration under the ICC Rules with its seat in Istanbul. The tribunal rendered a partial award which declared that the agreement was valid and Clements Français was entitled…
Arbitrations in the Freezer — Are Arbitrators expected to wait just like Penelope?
…of the suspension, no matter how long the suspension lasts? These questions go to the very heart of the arbitrators’ duties after their appointment. As reflected in the IBA Rules…
Appointment of arbitrators, Arbitration, Arbitration Act, Arbitration Agreements, Arbitration clause, Arbitration Institutions and Rules, Arbitrators, arbitrators’ conduct, Dispute Resolution, Dispute resolution clause, English Law, ICC Arbitration, International arbitration, Ismaili community, Nationality requirement in arbitration clauses, Pro arbitration, Supreme Court
Jivraj v Hashwani: A Pro-Choice, Corrective Ruling from the Supreme Court
…dispute, arbitration has a very significant process-based dimension which is largely left to the discretion of the arbitrators by most national arbitration legislations, major institutional rules and other international codes…
The Revised ICC Rules of Arbitration
…Lovells has prepared a number of helpful charts comparing the revised provisions of the Rules to the 1998 ICC Rules, as well as to the current AAA and LCIA rules,…
Calling a witness (too) late in the proceedings
…to file new evidence regarding the alleged breach of the employment contract while refusing to grant him the opportunity to file further evidence on the same topic by means of…
Annulment, Arbitration Institutions and Rules, Arbitrators, arbitrators’ conduct, Commercial Arbitration, Costs in arbitral proceedings, Due process, International arbitration
The New ICC Rules: Continuing Evolution of Case Management Powers to Control Costs and Delays in International Arbitration
…ICDR Rules (2009) and Article 17 of the UNCITRAL Rules (2010). The most recent step in that evolution was the publication of the revised ICC Rules on September 12, 2011,…
Anti-Arbitration: It’s Not Hard to Mediate During Arbitral Proceedings
…time. Second, September heralds the much celebrated debut of the ICC’s new “Arbitration and ADR Rules”, at least for people who celebrate such things. As the name of the volume…
Singapore Court of Appeal re-affirms commitment to minimal intervention of arbitral awards at the intersection of illegality and public policy
…parties concluded a settlement agreement. The settlement essentially provided for AJT to terminate the arbitration when AJU received evidence of the withdrawal, discontinuation or termination of all criminal proceedings against…
Implied Waiver Of the Right to Arbitrate
…show prejudice sufficient to warrant waiver. In reaching this conclusion, the Eleventh Circuit stated that the prejudice element of the waiver test is examined by taking into account the expense…
State responsibility for non-enforcement of arbitral awards: revisiting Saipem two years on
…BIT. Even if it could be considered as such, in the absence of evidence that the ruling of the Ukrainian courts was (i) discriminatory, (ii) deliberately taken to thwart GEA’s…
Radio Interview: Dispute Resolution in Saudi Arabia
…taking your business into Saudi Arabia that don’t exist elsewhere? * How transparent is the Dispute Resolution in Saudi Arabia? * With concerns over the ability to advance claims against…
Arbitral seat, Arbitration, Arbitration Awards, Arbitration clause, Crown Immunity, Dispute resolution clause, Sovereign Immunity
Who wears the crown? Immunity and the identification of the sovereign in Hong Kong
…consequences of an absolute (as opposed to a restrictive) doctrine of sovereign immunity, particularly in light of the restrictive rules on waiver of immunity which now apply in Hong Kong,…
Legal Education in the 21st Century
…negotiation, rather than the classical model of classroom teaching. By analogy, when you learn to drive a car you may start by learning the rules of the road in a…
The right to a tribunal appointed expert
…by the tribunal (such right being a part of their right to submit evidence and be heard) if the following preconditions are met: (i) the party who intends to rely…
Emergency Arbitrators under the ACICA
…tribunal. In response to this need, the ACICA has updated its Arbitration Rules to include a set of Emergency Arbitrator provisions. The emergency rules, which establish a regime for emergency…
Jivraj v. Hashwani- Arbitrators Are Not Employees for the Purposes of Employment Equality
…no easy task). This first point raises a question of anecdotal evidence. Throughout the life of the Jivraj saga, colleagues advocating the merits of arbitral seats competing with London for…
Most Favoured Nation Clauses – No favoured view on how they should be interpreted
…MFN “treatment” includes only substantive rules for the protection of investments, or if it also extends to procedural protections such as dispute resolution. There have been conflicting decisions over the…
Applicable Law, Arbitration, Arbitration Proceedings, Arbitration Quiz, Arbitrators, Costs in arbitral proceedings, Expedited arbitration, Joinder, Jurisdiction, Mediation
Anti-Arbitration: Answers to the Summer Quiz!
…Fast Track? Answer (b). The following institutions have all adopted rules for expedited proceedings: • AAA/ICDR (see “Expedited Rules,” available at https://www.adr.org/sp.asp?id=22440#A8); WIPO (https://www.wipo.int/amc/en/arbitration/expedited-rules/); • SCC (see “Expedited Rules,” available…
Applicable Law, Arbitration, Arbitration Proceedings, Arbitration Quiz, Arbitrators, Costs in arbitral proceedings, Expedited arbitration, Joinder, Jurisdiction, Mediation
Anti-Arbitration: The Summer Quiz!
…Fast Track, Who Needs Fast Track? Which of the following arbitration institutions does not currently have rules for expedited, accelerated, or fast track arbitration (even for small claims)? a. AAA/ICDR…
U.S. Court of Appeals Illustrates Obsolescence of Law that Allows Court to Consider Timeliness Challenge to Arbitrable Claim
…under the ICC rules, “except as these rules may be modified herein.” Each of the contracts also had multiple New York choice-of-law clauses, one of which provided that “[t]he law…
The U.S. Supreme Court and Class Arbitration: A Tragedy of Errors
…not infrequently permitted. At the same time, in the wake of Bazzle, both the AAA and JAMS issued rules for the administration of class arbitration. And, as noted above, arbitral…