Australian Arbitration Week Recap: Blood, Sweat and T … ribunals
…the view that there were few!) and noted that these tribunals do not have the power to compel documents or evidence from witnesses not subject to the sport’s rules, which…
Search Results for: iba rules on the taking of evidence
Arbitrability, Australia, Australian Arbitration Week, Competition Law, Intellectual Property, Intellectual Property Rights, science, WIPO
Australian Arbitration Week Recap: The Next New Variant? Arbitration in the Healthcare and Life Sciences Sector
…fact that arbitrations under the WIPO Arbitration Rules are typically resolved within 18 months to two years. Parties requiring a shorter time scale can request an expedited arbitration under the…
ACICA, Australia, Australian Arbitration Week, England, Interviews with Our Editors, National Courts
Interviews with our Editors: In Conversation with The Hon. Wayne Martin AC KC
…time, I honed an approach to case management, including the efficient management of issues such as expert evidence and disclosure of documents which can be applied in an arbitral context….
Einarsson v Canada and Data as Asset in Investor-State Dispute Settlement
…data was copyright-protected as evidence that even the respondent recognised the data under its domestic law to be the claimants’ property. The coverage of assets by host States’ law on…
The Contents of b-Arbitra, Issue 2023-1
…1 January 2013, CEPANI introduced new arbitration rules. On 1 September 2013, a new Belgian arbitration law entered into force. And last but not least, b-Arbitra was launched. Ten years…
Applicable Law, Governing Law, Lex Arbitri, lex contractus, Lex Fori, Limitation period, Place of arbitration, Procedure, Seat of the arbitration, Substantive Law
Applicable Laws for Limitation Periods: Blurring Substantive and Procedural Lines in International Commercial Arbitration? (Part Two)
…laws. An alternative may be for institutional rules to provide clarity by in effect mandating outcomes such as those provided for under the Foreign Limitation Periods Acts. However, while technically…
Applicable Law, Governing Law, Lex Arbitri, lex contractus, Lex Fori, Limitation period, Place of arbitration, Procedure, Seat of the arbitration, Substantive Law
Applicable Laws for Limitation Periods: Blurring Substantive and Procedural Lines in International Commercial Arbitration? (Part One)
This two-part blog post discusses applicable limitation laws, i.e., legislation purporting to limit the time period within which claims in international commercial arbitration proceedings must be commenced (Limitation laws). It…
Is It Time for a Code of Conduct for Arbitrators in International Commercial Arbitration?
…most professional rules, which an arbitrator (subject to their profession) may be bound by, dictate certain standards of professional conduct, including ethical standards, there are no such rules when it…
Should Section 67 of the English Arbitration Act 1996 Be Reformed?
…determination as to its jurisdiction. If the Law Commission’s proposals are implemented, this will essentially result in the taking away of the court’s extensive power under section 67 following Dallah….
Arbitration Tech Toolbox: Deepfakes and the Decline of Trust
…is credible evidence of a physical occupation”. This is the power of video evidence, the closest representation to the truth. Until now, at least. As artificial intelligence rises, tribunals are…
State-Funded Arbitration Institutions and Responsibility under International Law: The Case of Istanbul Arbitration Centre
…The first question that arises is whether the conduct of the Centre may lead to international responsibility of Türkiye under the rules of attribution. The second question is whether the…
Culture and Advocacy in International Arbitration: ACICA45 Panel Discussion
…documentary and oral evidence. Ms Kwan noted that cultural behaviour can impact the interpretation of evidence – for example, accounting information and sales in a post-M&A dispute which required knowledge…
Artificial Intelligence, Asia-Pacific, Energy Dispute, Insolvency, Intellectual Property, Northeast Asia, SIAC, SIAC Symposium 2023, Southeast Asia, Technology, Trade
SIAC Symposium 2023 Part 2: Charting the Future of International Arbitration – Insights into Regional and Topical Developments and Trends
Following the morning session which explored the geopolitics of international arbitration, the next generation of dispute resolution and the freshly-minted draft SIAC Rules (see Part 1), the afternoon session probed…
Appointment of arbitrators, Asia-Pacific, Climate change, Court Assistance, Expedited arbitration, Expedited Proceedings, Insolvency, Institutional Rules, Investor-State arbitration, Northeast Asia, SIAC, SIAC Symposium 2023, Singapore, Singapore International Arbitration Centre, Southeast Asia, Technology
SIAC Symposium 2023 Part 1: Charting the Future of International Arbitration – Geopolitics, the Next Generation of Dispute Resolution, and Draft 7th Edition of the SIAC Rules
…These sessions were followed by two panel discussions on the next generation of disputes in international arbitration and the draft 7th Edition of the SIAC Rules (“Draft SIAC Rules”) in…
Guiding Cases 196 – 198 Issued by the PRC Supreme People’s Court – Further Steps Toward a Pro-Arbitration Regime
…of the arbitration process. If parties facing the same dispute, without newly discovered material evidence or facts, were to be entitled to challenge the validity of the arbitration agreement, it…
“I Was the Judge”: ACICA Diversity Panel Discussion
…practice as arbitrator six years ago, only two women had given expert evidence before her. She hoped more women would be given opportunities to give evidence, noting that many expert…
Arbitration Tech Toolbox: Applicable Law, Choice of Courts and Enforcement Issues in Metaverse Disputes
…discussions during the colloquium. Applicable Law and Choice of Courts in Metaverse Disputes As Azaria and Asso explained, there are no uniform rules of law at the international level…
São Paulo Court of Appeals Annuls Arbitral Award for Failure to Issue a Dissenting Vote
…vote. If there is no majority agreement, the vote of the president of the arbitral tribunal shall prevail.”). The arbitration rules chosen by the parties conferred similar powers upon the…
From its Origins to Actuality: The Permanent Court of Arbitration
…Rules, which consolidated the PCA as the main forum for proceedings conducted under such rules. The peak of Bilateral Investment Treaties (BITs) and Multilateral treaties incorporating arbitration clauses referring to…
Storm in a Teacup: A New Ground for Annulling Hungarian Construction Arbitration Awards
…and the new Arbitration Act entered into force, the lawmaker introduced special provisions for litigations and arbitrations started on the basis of a PCEB opinion. Several rules were introduced in…
Brazil, Brazilian Arbitration Act, Duty to Disclose, Duty to investigate, Impartiality, Independence, Independence and Impartiality, Latin America
Is the Arbitrator’s Failure to Disclose a Sufficient Ground to Set Aside an Arbitral Award? – A Brazilian Perspective
…it falls upon the arbitrator to disclose any facts and/or circumstances arising after his/her appointment. Similarly, the IBA Guidelines on Conflicts of Interest in International Arbitration (the “IBA Guidelines”) require…
Modernising Trinidad and Tobago’s Arbitration Landscape: Key Features of the 2023 Arbitration Act
…the admissibility, relevance, materiality, and weight of the evidence presented by the parties. The tribunal also has the authority to determine the evidentiary rules applicable to the proceedings, which can…
The Ruling of the Dubai Court of Cassation in Case No. 1514 of 2022: Three Key Procedural Takeaways
…to party agreement. For the avoidance of doubt, the instant case concerned the tribunal’s powers under the 2007 Dubai International Arbitration Centre (DIAC) Rules of Arbitration, which are understood to…
Harnessing the Potential of Award Review Tribunals in Nigeria: A Strategic Approach
…amend, or set aside the award based on the evidence and arguments from the original arbitration – potentially offering a faster path to resolution than court appeals. However, the introduction…