…Chapter Eleven investor-State cases. Similar to CAFTA-DR Article 10.20.1, NAFTA also provides for the sharing of evidence and written arguments between the disputing State Party and non-disputing State Parties. See…
…for commercial arbitration in Qatar. The QICA Rules were issued as a set of arbitration rules to be used by parties who choose the QICA as the forum for their…
…Rules currently allow parties to appoint off-list only if they have agreed to do so, this announcement suggests that CIETAC may in the future allow off-list appointments even where the…
…Professor Stern, who had been appointed by Venezuela to three other ICSID tribunals in the past six years. As is well known, the Orange List in the IBA Guidelines on…
…beyond trade in goods found in recent FTAS—labor rights, environmental protection, intellectual property, sanitary and phytosanitary measures, financial and telecommunications services, government procurement, rules of origin (particularly for textiles and…
…rules which form the basis of an agreement about certain procedural and other issues. Even an ad hoc arbitration will proceed on the basis of the parties’ agreement. However, it…
The Islamic Republic of Pakistan is not foreign to defending investment claims. In order to restore investors’ confidence in its country, the Pakistani government has enacted on April 28, 2011…
…words alone. As the revised IBA Rules on the Taking of Evidence and institutional rules properly grant more control to the tribunal to manage the proceedings and the evidence, we…
…for the primacy of witness evidence in providing a “fuller appreciation of what really happened.” Those with a preference for civil law procedures, where documentary evidence is given greater weight,…
…awards. It is therefore to be presumed that awards will be enforced before the competent courts pursuant to the applicable rules of civil procedure. The two final provisions of the…
…being encouraged to speed things along, and rules such as the IBA Rules on the Taking of Evidence are being tightened in order to vest arbitrators with the discretion to…
…arbitral tribunals seated in Hong Kong are able to grant temporary measures, for example, to preserve assets or evidence, or to maintain or restore the status quo – and the…
…operating history, what other reliable evidence could an expert review? How can the expert assist the tribunal in ensuring that an entrepreneur is not unfairly treated? Clearly, each case needs…
…interpretation and application of evidence. Recollection of evidence can be affected by one’s preconceptions, basic cognition errors (i.e. seeing what we expect to see even when it is not there—or…
…nationality of arbitrators – either expressly or through the incorporation of institutional rules, including the ICC, LCIA and UNCITRAL rules (e.g. in order to support the arbitrator’s perceived neutrality). Since…
…a conciliation meeting. It interpreted the dispute resolution clause in accordance with the general rules of contract interpretation. The Court found that Art. 20(2) lacked the specificity required for a…
…cannot contract with some of its creditors for the non-application of certain insolvency rules. Weighing the competing policies, the Court took the final position that the right balance to be…
…some circumstances, to hear new evidence. Further, the draft rules of arbitration for investment disputes currently under consideration by the Union of South American Nations (UNASUR) also provide for an…
…suggest that in return for Side B’s acceptance of joinder, that Side A concede a different contractual term, such as a guarantee of payment. Or, taking this concept further still,…
…mistake arising from oversight or omission. This change would be broader than the grounds for correcting awards under the rules of many private commercial arbitration institutions, which generally permit a…
…arbitration rules were the subject of this year’s moot. His final words were to announce that the University of Ottawa had won. You can imagine the jumping up and down…
…“arbitration industry.”—and they appear to be taking this role on. It is also the role of in-house counsel to ensure that dispute resolution clauses in the company’s contracts keep up…
…in Soeul, Korea – tying on its event to the 14th Annual IBA International Arbitration Day. This forum provided an opportunity for leading practitioners and arbitrators worldwide to discuss trends…
According to the rules governing domestic arbitration (Art 30 of the Concordat on Arbitration, and, as of 1 January 2011, Art. 378 of the Swiss Federal Code on Civil Procedure),…
