…affirmative support in sources of international law for their contention that a state’s taking of a stateless person’s property amounts to a taking ‘in violation of international law’ within the…
…attractive seat, and in Japan to accelerate award enforcement. In the Middle East, institutions in Dubai, Bahrain, Saudi Arabia, and Oman have revised their rules, with the Saudi Centre for…
…where the tribunal secretary is not remunerated by the parties at all (which is the case in arbitrations conducted under the ICC Rules). To strike an appropriate balance, SIAC, for…
…it is de novo, admits fresh evidence, or includes some element of deference. CIArb Canada organized a discussion to address these cross-cutting questions with Professor Joshua Karton (Queen’s University) and…
…not satisfy this test. Nonetheless, the question remains: are there any alternatives to secure evidence for use in international arbitration? Can a Simultaneous Litigation Allow Parties to a Private International…
…Rules and Appendix V, Eurofinsa made an application for emergency measures requesting the maintenance of the status quo between the parties and therefore, that the Water and Sewerage in Peri…
…arbitration, i.e. Secs. 1025 – 1066, apply. The non-applicability of the domestic rules of civil procedure also applies in other jurisdictions, though it must be noted that some jurisdictions (e.g….
…ICSID Convention and Rules, UNCITRAL Arbitration Rules, and other arbitral institutions with ISDS arbitration rules (e.g., SIAC). Ms. Lau then shared the criteria that must be satisfied to invoke ISDS…
…2021 National Arbitration Rules (the “CAM Santiago Arbitration Rules”). The amended version of these rules also came into effect recently, on 1 September 2023. Legal Framework Before the 2023…
…which did not concern DT’s investment in Devas. In the enforcement proceedings, the Singapore Court found that the evidence did not establish that DT was aware of the alleged illegal…
…him.” The Court also relied extensively on the IBA Guidelines on Conflicts of Interest in International Arbitration (the “IBA Guidelines”), despite Aroma Canada’s argument that they had not actually been…
…that, based on the evidence on the record, it was not possible to determine that such payments”should be considered a direct act of corruption or that the crimes attributed to…
…in common law systems – despite some scattered express rules (e.g., in France) and interpretations based on the general principle of good faith (e.g., Italy). In general, the duty to…
…He questioned the dogma that, because international arbitration exists in a transnational, “delocalized” space, it allows for the application of an ethereal body of “transnational substantive rules” to fill gaps…
…UNIDROIT Principles, which sets forth non-exhaustive general rules for applying those principles in international commercial contracts. According to Mrs. Boscolo, the preamble allows recourse to the UNIDROIT Principles by express…
…veil, it would have provided more favourable rules of enforcement in respect of this foreign award than would have been available to a party wishing to enforce a domestic award….
…same arbitral rules (e.g., the 2016 Rules and SIAC Rules 2007) to be consolidated. The 2016 Rules had only permitted consolidation of arbitrations pending under the SIAC Rules. Coordinated Proceedings…
…be consolidated under the previous Dubai International Arbitration Centre (“DIAC”) 2017 Rules, even though those rules did not contain any explicit consolidation provisions. Case studies from the UAE further illustrated…
…the ISDS Provision Unconstitutional The decision has left many issues unresolved regarding the rules of Constitutional interpretation under Ecuadorian law when confronted with concepts used by international tribunals. However, the…
…dismissed. Under the Law Commission’s recommendation the court “will not entertain any new grounds of objection, or any new evidence, unless even with reasonable diligence it could not have been…
…unenforceable. Parties can survey legislation or rules to determine if there exists a clear, explicit, well-defined public policy, one that is “directly ascertainable by reference to a statute, implementing administrative…
…discussed recent developments in international arbitration ethics, including the UNCITRAL/ICSID Code of Conduct and the International Bar Association’s Taskforce to revise the IBA Guidelines on Conflicts of Interest for the…
…the investment agreement has incorporated helpful rules and regulations, such as the HKIAC Administered Arbitration Rules (the “HKIAC Rules”); and third, how to obtain meaningful remedies through domestic law. She…
…address concerns around running afoul of champerty and maintenance rules. Lack of access: There is currently a lack of data such as success rates, and larger firms typically have greater…
