…with a plethora of suggestions (although sometimes worded as sacrosanct rules) for improving the typography of your legal writing. The above selection of suggestions presents merely a fraction of what…
…Service through its use of user data. Instagram’s 2013 Terms of Service provided for arbitration pursuant to the American Arbitration Association’s rules for arbitration of consumer related disputes. The terms…
…as noted by Khushboo Shahdadpuri. She explained that in the most recent guidance provided by the Singapore Court of Appeal, three rules of thumb ought to apply to taking witness…
…and proxy rules (primary rules surrogating the content of FET). The usage of proportionality has been able to grow because it is a diagnostic tool and a method of analysis…
…Ordinance: “[a]ny emergency relief granted, whether in or outside Hong Kong, by an emergency arbitrator under the relevant arbitration rules is enforceable in the same manner as an order or…
…from being limited to the protection of the substantive rights in dispute, to the protection of the arbitration itself, which is expressed in Article 26.2 of the 2010 UNCITRAL Rules….
…Agreement will likely trigger new cases and new questions of interaction between these rules. Melissa Gorsline noted that resource nationalism is always happening somewhere in the world. It is certain…
…contemplated the near future of the investment arbitration system. Near Future – New ICSID Rules and Regulation of Double-Hatting The panel took the new ICSID Rules and the regulation of…
…and cost-efficient process, taking advantage of the flexibility provided by arbitration rules and practices. Arbitral tribunals should analyze the details of the claims as soon as possible to provide an…
…shall be heard by the courts competent in accordance with general rules of attribution of objective jurisdiction. For international disputes, general conflicts of laws rules on international jurisdiction applicable to…
…into creating initiatives to harmonize approaches of common law and civil law systems by enacting the UNCITRAL Model Law and the International Bar Association’s soft law rules on procedures catering…
…on the procedural rules and process that they consider most appropriate, including expedited proceedings or recourse to an emergency arbitrator. Effective Arbitration Clauses and Important Pitfalls to Avoid The…
…highest governing body of the Tribunal would be the Committee of the Contracting Parties, empowered to adopt the rules of procedure for the Tribunal and appoint a selection panel (which,…
…to expressly agree in the arbitration agreement on the number of arbitrators, the language of arbitration, the applicable rules of evidence (e.g. the IBA Rules on the Taking of Evidence,…
…in International Arbitration of 2013 expressly included a party’s “employees” in the definition of representatives; the DIS Arbitration Rules of 2018 introduced Rule 27.3 that encourages outside counsel to attend…
…Agreement’s MFN clause to import UNCITRAL Rules in other BITs where the Secretary-General of the Permanent Court of Arbitration (“PCA”) is the appointing authority. He has done so on several…
…of a textbook (Rules and Practices of International Investment Law and Arbitration) and of a MOOC, in practice-oriented trainings for professionals, or in masters programs. This post builds on this…
…argued that Spain’s changes to the regulatory regime breached the fair and equitable treatment protections of the ECT. In particular, Eurus argued that the retroactive changes to the rules breached…
…discussing the new ICSID rules issued in 2022 and noted that ICSID hopes the new rules will bring greater transparency to proceedings. She also discussed several specifics of the new…
…the arbitration (lex arbitri). However, the responsibility for reviewing compliance with European public policy rules lies with the courts of the Member States and not with arbitrators, whether in the…
…parks. In 2015, Novenergia commenced arbitration against Spain in Sweden under the Arbitration Rules of the SCC Arbitration Institute (SCC Case V 2015/063). In the arbitration, Novenergia successfully argued that…
…the 1976 Arbitration Rules of the United Nations Commission on International Trade Law (“UNCITRAL”) against the Republic of Mozambique (the “UNCITRAL Arbitration”). The arbitration was filed under the 2009 India-Mozambique…
…On 22 February 2013, the Swiss company stopped the payments it owed thereafter. Subsequently, the English company initiated arbitration under the Swiss Rules of International Arbitration. By award of 23…
…referred to in the Komstroy ruling, the CJEU complied with the rules of interpretation under article 31 of the Vienna Convention on the Law of Treaties (“Vienna Convention”), reaching to…
