…large-scale arbitration is seen in Germany. Here, the German Institution of Arbitration (DIS) created its Supplementary Rules for Corporate Law Disputes (DIS-SRCoLD) after the German Federal Court of Justice authorized…
…LCIA Rules In relation to Johnny Veeder QC’s conundrum, if the arbitration were an LCIA arbitration, there will shortly be a clear answer to the code of conduct applicable to…
…Arbitragem (CBAr), are pleased to announce the launch of a new online forum for the discussion of pertinent legal issues relating to arbitration of Latin American business disputes. The ITA…
…options for submitting claims to international arbitration, such as the ICSID Additional Facility, ad hoc arbitration under UNCITRAL Rules, the Stockholm Chamber of Commerce or ICC Arbitration, among others. I…
…in FCC Arbitration allow secretaries to research legal and technical matters but prohibit them from participating in deliberations and drafting awards. • ICSID’s Arbitration Rules preclude ICSID secretaries from attending…
and Felipe González Arrieta The UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (hereinafter “the Rules”) came into force in April 1, 2014. The Rules were adopted at the forty-sixth…
…a less costly procedure would better serve the parties’ interests. The Swiss Rules of International Arbitration provide an interesting tool in Article 42, if parties refer to such Rules: it…
…be acceptable in class arbitration? As one can see, even for a country that can today be considered arbitration friendly, there are important legal and practical challenges to be overcome….
…Agreement, as well as disputes regarding the interpretation and application of the Spain-Argentina BIT to the case, shall be exclusively resolved by arbitration under UNCITRAL Rules: ‘Any litigation, controversy or…
…with counsel who might handle the arbitration, over fee arrangements or the strategy to be pursued. Arbitral appointments: in getting an arbitration up and running, parties typically negotiate with each…
…of Rules (Belgrade Rules) which provide for a modern and efficient procedural framework for arbitral proceedings. The Belgrade Rules draw upon some of the leading international arbitration rules (including the…
…facta concludentia (i.e. the use of the same language for the contract, the arbitration agreement, the correspondence etc.), allowed? Arbitration rules generally do not provide a specific form (e.g. written…
…Tomskneft are placed. Observations A number of important points may be taken from Yukos Capital v Tomskneft: • Rules on exorbitant jurisdiction, including the rules on its ouster, are suggested…
…Arbitration and Cross-Border Investment, led by Tony Cole. The survey is available at this link. The study concerns both the legal instruments developed in relation to arbitration (in all its…
…the internal jurisdictional dispute between Beijing and the two sub-commissions has loomed large, resulting in the latter two declaring independence, re-naming themselves and introducing new arbitration rules (see previous Kluwer…
…judgments such as these. People have the tendency to trust in a legal mechanism when it offers predictability. Investment arbitration which offers no consistency would not be held in high…
…vintage years for Belgian arbitration. First, the Cepani, the major Belgian arbitration institution, modernised its arbitration rules. The new rules entered into force as from 1 January 2013 (see the…
…advance focused on the consequences of nondisclosure, namely adverse inferences and the sanctioning of counsel. Article 9(5) of the IBA Rules on the Taking of Evidence in International Arbitration and…
…in the underlying arbitration agreement to the conduct of the arbitration process under an institutional set of rules, such as the DIAC or the ADCCAC Rules, which, in turn, contain…
…same specific legal issues so that it is necessary to ensure a consistent argumentation in the WTO case. The remaining of the regulation concerns the conduct of the proceedings to…
…institutional arbitration rules, referred to by the arbitration clause, have to be notarized as well. In the case at hand, a dynamic reference, i.e. a reference to arbitration rules as…
…which would prevent a flagrant contradiction between these domestic rules and the rules of the foreign law. The very circumstance that the rules in question are deemed to be absolutely…
…this process in circumstances where the arbitration is not being conducted under the ACICA Arbitration Rules or ACICA Expedited Arbitration Rules, ACICA developed the Appointment of Arbitrators Rules 2011 which…
…arbitration depends in large part on the law applicable to the arbitration. Arbitrators applying Brazilian law, for example, would be inclined to use analogy and good faith to fill most…
