Ambulances, Cliffs, and the Extinction of Arbitration Practitioners
…be based on all the evidence available at the final hearing of the dispute, but that is precisely the point: the neutral will provide an evaluation based on the evidence…
Search Results for: iba rules on the taking of evidence
2024 PAW: Sanctions and Arbitration: Lessons Learned and Possible Strategies
…the impact of sanctions on insurance policies is often overlooked. Challenge 2: Anticipating and preventing the risk. For now, most arbitral institutions lack specific rules that handle sanctions, which implies…
2024 PAW: Arbitration, Parallel Proceedings, and Conflicts of Decisions: A Comparative Perspective
…of procedural mechanisms such as consolidation and joinder. Even if arbitration institutional rules may have specific requirements, the use of joinder is meant to allow a third-party to join an…
2024 PAW: Something New, Something Old, Something Borrowed
…Taking the discussion away from drafts to enacted changes, Ms Paralika brought the discussion back to Europe with insights on the new arbitration law enacted in Greece in 2023 (for…
Inherent Powers in International Commercial Arbitration: What Happens When They Become Explicit Powers?
…rule on these issues comes from – normally this power comes directly from the applicable lex arbitri, arbitration rules or the arbitration agreement. Put differently, the arbitrators have clear statutory…
2024 PAW: The Evolution of Arbitration in the Central Eastern Europe and Central Asia Regions: A Roadmap for the Future
…and the modernisation of arbitration rules. Nonetheless, each CA country is unique in its approach to regulatory reform and thus, each particular approach is specific to the country. Central…
2024 PAW: Wake Up (with) Arbitration: Is It Still Allowed to Have Friends?
…rules require disclosure of all circumstances that might raise a reasonable or justifiable doubt as to the prospective arbitrator’s independence and impartiality. For instance, article 11 of the ICC Arbitration…
Can the Inability to Bear Arbitration Costs Render the Arbitration Clause Unenforceable? According to the Polish Supreme Court, It Can
…under the applicable rules allowing arbitration institution to temporarily assume the costs of arbitration or otherwise mitigating the burden of their payment, if available, or – with the involvement of…
Achmea, Arbitration Awards, Enforcement, International Investment Arbitration, Legitimacy, Paris Arbitration Week
2024 PAW: ISDS Post-Achmea – Legitimacy of Investment Arbitration and the Enforcement of Arbitral Awards
…as favourable arbitral seats? It will be interesting to see how arbitral tribunals deal with these issues. Prof. Bermann reproached the EU for taking a disingenuous position on intra-EU investment…
2024 PAW: Full House for the First-Ever PAW In-House Counsel Event
…modern business-oriented jurisdiction which can hear cases in English and adapt its rules of procedure to each specific case. Taking advantage of an audience largely composed of in-house counsels, President…
2024 PAW: Sports Law and the Upcoming Olympics – What Role for Arbitration?
…case and by the European Court of Human Rights (ECtHR) in 2018 in the Pechstein case. As per the CAS Rules, all arbitral proceedings are to be seated in Switzerland,…
2024 PAW: Going after the Arbitrators – The Criminalization of International Arbitration Proceedings
…are few, if any, ethical guidelines and codes of conduct for arbitrators. When it comes to corruption, the only applicable rules are general principles such as the independence, impartiality and…
2024 PAW: The Interaction between the Merits of the Case and Ratione Temporis Issues
…certain date to be time-barred was a jurisdiction issue. The court had erroneously considered that by taking into account the measures before the set date in the assessment of damages,…
English Court of Appeal Introduces Uncertainty as to the Scope of Commercial Anti-Assignment Provisions
…in each case involving a foreign transfer potentially taking place “by operation of law,” parties will need to engage foreign lawyers and, potentially, submit expert evidence to assess the basis…
2024 PAW: All You Need to Know about Arbitration and Crypto Assets
…For instance, in the United Kingdom, the Law Commission has recently introduced a Bill wherein it refrains from explicitly taking a stance on whether crypto assets fall within the confines…
2024 PAW: 8th ICC European Conference on International Arbitration
…reinstated his support for alternative dispute resolution mechanisms. In parallel, he called for continued reflection on French arbitration law, with a view to, inter alia, streamline the rules and increase…
Does the Assignment of a Contract Assign the Arbitration Agreement: The Indian Perspective
…contract, such as making payments, seeking extension of time or approval, joint survey, etc., this third party is entitled to invoke arbitration. Consensual Theory of Arbitration Taking a similar…
Arbitral Award, Enforcement, Germany, Primacy Principle, Set aside an international arbitral award, Singapore, Transnational Issue Estoppel
The Deutsche Telekom v India Saga: Multi-Jurisdictional Proceedings, Transnational Issue Estoppel and Primacy
…a revision of the Interim Award and Final Award based on its discovery of subsequent “material facts or conclusive evidence” (“Second Swiss Proceedings”). India further requested that the “two arbitral…
Papua New Guinea’s New Arbitration Regime: A Catalyst to Make PNG an Arbitration Friendly Destination
…process and recent major political and socio-economic turmoil, that the New Arbitration Regime finally received the Legislature’s approval, taking the form of two separate Acts. The New Arbitration Regime replaces…
Navigating the Main Impacts of Artificial Intelligence in International Arbitration: Insights from the ICC YAAF Workshop
…prohibits the use of AI to falsify evidence, compromise the authenticity of evidence, or otherwise mislead the arbitral tribunal and/or opposing parties. Nonetheless, several procedural risks remain unaddressed, such as…
2024 Petersberg Arbitration Days Recap: “Arbitration in Times of War and Crisis”
…explained that this case demonstrated to the world that arbitration could be used as a rules-based alternative to war. However, in the 19th century, arbitration moved away from the goal…
Indian Supreme Court Endorses the Application of the ‘Group of Companies’ Doctrine to Join Non-Signatories
…non-signatory only after a determination by the arbitral tribunal of its status as a party. Practically, the arbitral tribunal is likely to undertake a detailed exercise, including by taking evidence,…
Elevating Arbitration Standards: The arbitrateAD Arbitration Rules
…Rules would only supplement the rules chosen by parties. This led to unnecessary complexities when parties’ chosen rules contradicted the ADCCAC Rules as it was unclear which rules would prevail….
2023 Year in Review: MENA
…City (U.A.E.) in accordance with the Rules of International Chamber of Commerce (ICC Rules)”, and to be “governed and construed in accordance with the laws of the Emirate of Abu…