Regulating Fraud in International Arbitration
…Cement says that it is because it cannot produce share certificates to establish that it owns shares in CEAS and Kepez but the Respondent says that the evidence shows that…
Search Results for: iba rules on the taking of evidence
Are BITs Representing the “New” Customary International Law in International Investment Law?
…new rules of customary international law in the future. By their very nature, customary rules evolve over time. The repetitive enunciation of some of the standards of protection existing under…
Enforcement of International Arbitral Awards in England and the New York Convention
…a full hearing of all the relevant evidence, or is it more in the nature of a review of the decision of the arbitrators on the issue of jurisdiction? Aikens…
Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Investment Arbitration, Legal Practice, Public Policy
Is Arbitration Changing?
…with fairly few empirical studies that occupy the space between black letter analyses and anecdotal evidence. There is also a proliferation of arbitration courses for students and/or practitioners. The corporate…
Arbitration Agreements, Arbitration Awards, Arbitration Proceedings, Arbitrators, Domestic Courts, Europe, National Arbitration Laws
Svea Court of Appeal’s Judgment of 9 June 2009 – When parties are deemed to have agreed on the cessation of an agreement to arbitrate
…almost complete statement of evidence. SSE recognized that Hederstierna had narrowed the proceedings to the issues relevant for the resolution of the employment agreement. It was evident that Hederstierna, possibly…
Is there a limit to the outer limits of ICSID jurisdiction?
…outer limits of ICSID jurisdiction. Decision at ¶ 107. It observed that, on a deeper level, is was “not persuaded that there is anything in the rules of treaty interpretation…
Is an investment treaty tribunal entitled to dismiss a claim where it amounts to an ‘abuse of process’?
…Chapter 11, or of the ICSID Convention or Rules, confers such a power … It may be inferred that if such a power exists, it would only be for the…
The rare admittance of nova by the Swiss Federal Supreme Court – Decisions of 14 March 2008 (4A_42/2008) and 8 April 2009 (4A_69/2009)
…the final award, new evidence which made it possible to demonstrate that the consultancy agreement was in fact an undertaking to commit bribery and therefore null and void. Based on…
The “Transnational Approach” of the ILA Recommendations on Res Judicata and Arbitration
…preclusive effects of arbitral awards in further arbitral proceedings set forth below need not necessarily be governed by national law and may be governed by transnational rules applicable to international…
Refusing the enforcement of awards – where discretion ‘may’ be exercised
…the court is required to consider all relevant factual evidence relied on by the party opposing enforcement. To the extent that such evidence has already been considered by the arbitral…
Arbitration Institutions and Rules, Arbitration Proceedings, Asia-Pacific, Commercial Arbitration, National Arbitration Laws
Demystifying the Settlement of Disputes in China – Roundtable Discussion on CIETAC Practice
…Rules ( https://www.cietac.org.cn/english/rules/rules.htm) and the Concerns Raised at the Conference: The 2005 Rules have brought CIETAC arbitration more in line with the procedures provided for by the rules of the…
Persistent Objector argument also at issue in NAFTA case
…Nations investors” (i.e. indigenous persons) before taking regulatory action that will substantially affect their interests. In its counter-memorial in that case, the US Government has questioned whether there is such…
Arbitration Awards, Arbitration Proceedings, International Courts, International Legal Theory and Teaching, Investment Arbitration, Legal Practice, South America, UN and Int’l Organizations
Can a State claim the status of “persistent objector” in investor-State arbitration?
…of development of relevant custom rules in the field of international investment law. It is nonetheless largely agreed today that some rules of customary law have emerged. For instance, one…
Will Ecuador’s denunciation of ICSID drive that country’s arbitrations further underground?
…run increasingly under the radar for a number of years– unless both governments (or all claimants) pledge to disclose such cases to the extent permitted under these other arbitral rules….
Arbitration Agreements, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Asia-Pacific, Domestic Courts, Investment Arbitration, Seat of the arbitration
When is Court Interference in Arbitration Proceedings Expropriatory?
…Petrobangla provided for arbitration under the ICC Rules with Dhaka, Bangladesh as the seat of arbitration. A dispute arose and Saipem began an arbitration. During the arbitration, the ICC Tribunal…
Telenor Mobile Communications AS v. Storm LLC
…contempt proceeding in US courts, arising from enforcement of an arbitration award in arbitral proceedings seated in New York under UNCITRAL rules brought by a Norwegian company (Telenor) against its…
Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Domestic Courts, North America
Special Masters in International Arbitration
…to cope with the pace of change. Although the landscape has changed dramatically in recent decades, the arbitration rules and practice remain largely the same. Arbitrators are authorized under existing…
The Exemption of Functions of Arbitration from VAT under Swiss Law
…– The arbitrators and the secretariat were appointed in accordance with the same arbitration rules. The rules, thus, envisaged that the CRT-I was going to need secretarial infrastructure which could,…
Emergency Arbitrator – The Proposed New Procedure of the SCC Rules
The Arbitration Institute of the Stockholm Chamber of Commerce (SCC) has recently proposed the inclusion of an “Emergency Arbitrator” procedure in the SCC Rules (see Draft New Rules with Notes)….
Is Arbitration Based on “Treaty Shopping” In Jeopardy?
…derived from the activities of their overseas affiliates and re-invested overseas while taking deductions on their U.S. tax returns for all the expenses supporting their overseas investments. According to a…
Conference: Fifty Years of Bilateral Investment Treaties
…firms. Entitled “Fifty Years of Bilateral Investment Treaties: Taking Stock and a Look to the Future,” this conference is aimed primarily at governments, foreign investors, academics and professionals. Speakers and…
Hybrid ICC/SIAC arbitration clause upheld in Singapore
…under the ICC Rules. Comment The potential controversy inherent in the Singapore Court’s decision is whether or not the SIAC can truly administer an arbitration “under the ICC Rules” given…
Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Commercial Arbitration, Other Issues
Costs in International Arbitration: A Plea for a Debate on Early Guidance by the Arbitral Tribunal on the Principles it Will Apply when Deciding on Costs
…international arbitration rules, such as the ICC Rules of Arbitration, leave the decision on costs entirely to the discretion of the arbitral tribunal.** And because the approach to the recovery…
Arbitration Agreements, Commercial Arbitration, Domestic Courts, European Law, Jurisdiction, Lis Pendens
English Court Retains Jurisdiction Notwithstanding French Arbitration Clause
…contained an arbitration clause and there was evidence suggesting that French law would regard that clause as incorporated into the London insurers’ policy. The French insurers settled a claim to…