…takes to survive. However, the pursuit of survival imposes profound costs on the legal process by undermining the general transition from a power-based to a rules-based system of international relations,…
…failed spectacularly – with locals taking to the streets and sending company executives packing – and after several years of arbitration, all sides seemed to come away as losers). It’s…
…arbitration conducted under the ICC Rules with its seat in Geneva. One of the co-respondents in the arbitration, a Polish company, informed the tribunal that insolvency proceedings had been opened…
…§ 5, Article 43 § 3) of the Swiss Rules, Article 27 § 4 of the AAA Rules, article 34 of the ICDR rules, Article 30 § 3 of the…
…counterclaim submitted with the rejoinder based on Article 20 Swiss Rules. The Swiss Rules do not contain a provision as we find in Article 19 (3) of the UNCITRAL Rules.Respondent…
…“Administered Rules”). In a press release in January 2009, the HKIAC announced that it had already received cases under the Administered Rules. The Administered Rules supersede the old HKIAC Procedures…
…name disputes and e-commerce disputes etc. using online dispute resolution methods. In general, the Online Rules are an abbreviated version of the “main” CIETAC Arbitration Rules (the “Main Rules”), and…
…the rules, however, adopt a purely subjective requirement, leaving the arbitrator to decide the circumstances to be disclosed, while others, like the ICDR Rules, provide for an objective test, with…
…company doctrine. Under Swiss arbitration law it remains an uphill battle to initiate arbitration against (affiliated or non-affiliated) non-signatories unless there is clear evidence that the non-signatory intended to be…
…award and join third parties be conciliated with the Rules? Should the Rules be amended to include a joinder provision? Such a joinder provision exists in the Swiss Rules. In…
…flexible in allowing non-parties to make written submissions as amici curiae. This trend is already reflected in certain arbitral rules. Under ICSID Rule 37(2), for example, third parties may be…
ICSID arbitration proceedings against Germany (Vattenfall AB, Vattenfall Europe AG, Vattenfall Europe Generation AG & Co. KG v. Federal Republic of Germany – ICSID On April 17, 2009, the government-owned…
…respects have to be changed according to uniform rules compliant with principles such as the free circulation of judgments and mutual trust between jurisdictions. Choice of law rules would have…
…whole. The authors address issues such as gaps in the procedural rules, the lack of development in certain substantive areas of international investment law, inconsistencies in decision-making and public policy…
…loser of the proceedings, and the more accepted practice of fee-shifting in international arbitrations as expressed in procedural rules such as the UNCITRAL and LCIA Rules. Indeed, even for arbitrations…
…ICC rules) rather than to the Chamber of Commerce of Zurich and its institutional rules (the Swiss rules). Accordingly, the SFC dismissed Respondent’s appeal. The second topic addressed by the…
…might constitute foreign investments covered by such treaties. If would-be claimants opted for arbitration under the UNCITRAL rules, they would simply need to make a case that their activities are…
In two recently reported cases, parties to arbitrations have challenged arbitrator and/or institutional fees where the underlying awards have also been subject to annulment or set aside proceedings. Are these…
…with Kazakhstan that “the full protection and security standard in Article II(2) of the UK-Kazakhstan BIT must be construed in accordance with the accepted rules of treaty interpretation”, and adopted…
The Japan Commercial Arbitration Association (the “JCAA”) introduced their International Commercial Mediation Rules (the “Rules”) on 1 January 2009. The JCAA has followed the lead of other international arbitral institutions…
…documentary evidence alone. Thirdly, the rules apply automatically to all cases where the amount in dispute is below CHF1 million (currently US$880,000). This is higher than under other rules with…
…which many parties insist. This seems clear from the frequency of explicit contractual stipulations to this effect, as well as from similar provisions found in rules devised by arbitral institutions….
George Bermann, the ALI Reporter for the Restatement (Third) on the U.S. Law of International Commercial Arbitration, presented a wonderful summary of the current progress on the Restatement at the…
…for Arbitrators (the “2004 Code”), or the International Bar Association Guidelines (the “IBA Guidelines”). According to the Working Group, the Revised Draft contains numerous examples of recommended disclosures where no…
