…evidence/fact-determining rules. Second, the Tribunal completely overlooked the conclusive part of the 2003 OECD Commentary on Article 1 (para. 22.1), according to which the SOFDs’ compatibility with DTTs is subject…
…to resolve the current WTO dispute resolution mechanism crisis. The MPIA is based on Article 25 of the Understanding on rules and procedures governing the settlement of disputes (“DSU”). Among…
…to be included in the list of creditors. In this lawsuit, Amapari attached documents to evidence: (i) the supply of energy; (ii) the invoices issued throughout the period of contractual…
…was conducted under the UNCITRAL Arbitration Rules and involved a contractual dispute between Chevron Australia Pty Ltd (“Chevron”) and a joint venture between CBI Constructors Pty Ltd and Kent Projects…
…an annulment submitted by the claimant in an ICC arbitration (discussed in De Ly, Rules and Case Law on Tribunal Secretaries). The claimant alleged that the arbitrators had not devoted…
…the functioning of the ICC Court and its Secretariat, highlighting the key innovations in the ICC Court and the ICC Arbitration Rules (“ICC Rules”). Mr. Gustavo Scheffer da Silveira (Partner,…
…Civil Procedure No. 6100 (“CCP”) on the extension of the arbitration term is not a mandatory provision and, therefore, the parties are free to agree on the rules applicable to…
…SIAC (SIAC Rules 2016, Rule 39.1); (2) HKIAC (2018 HKIAC Administered Rules, Article 45.4); and (3) LCIA (LCIA Arbitration Rules 2020, Article 30.2). This may become material when the seat…
…intended to apply to arbitration proceedings. The Code contains a specific subset of rules in relation to arbitration (Part Six), as reminded by the supreme court. These rules are based…
…the annulment stage. The merits of the arbitration decision are not subject to judicial review and the assessment and evaluation of evidence remain within the arbitral tribunal’s discretion. The authors…
…on contentious issues in the arbitral award or the inclusion of findings that disregard material evidence can constitute valid grounds for setting aside the award. Adequacy of Reasoning While…
…companies. Establish a document organization system to access the evidence required to prosecute potential claims easily. Notify the intention to arbitrate to discuss potential settlements with the host government without…
…not required to apply the rules of evidence of any applicable law in making such determination.”3)LCIA Arbitration Rules 2020, Article 22.1.(iv) also allows the Arbitral Tribunal to order any party…
…current institutional rules nor the 2020 IBA Rules on the Taking of Evidence in International Arbitration (IBA Rules) restrict the use of XR per se. Generally, under national arbitration legislation…
…refers to the withdrawal of the Union and does not mention the withdrawal by individual EU Member States, as that process would be subject to the applicable domestic rules. Therefore,…
…of Commerce and Industry’s Rules on Impartiality and Independence of Arbitrators was adopted in 2010 (the “2010 Rules“). The Rules significantly contributed to establishing arbitration as a reliable way to…
…fact witnesses is in Article 8(4)(f) of the IBA Rules on the Taking of Evidence in International Arbitration (2020) (which allows witnesses to be “questioned at the same time and…
…SCC Arbitration Rules 2023 The SCC Arbitration Institute has published revised versions of its Arbitration Rules which entered into force on 1 January 2023. Hanne AARSHEIM and David SANDBERG present…
…Rules, art. 14.1) and recognise the tribunal’s power to “emplo[y] technology to enhance the efficiency and expeditious conduct of the arbitration” (LCIA Rules, art. 14.6(iii)), and to “adopt suitable procedures…
…speedy and judicious disposition of cases.14)MC 8, Sec. 24. The pertinent provisions of the ADR Act and its implementing rules and regulations, the SEC Rules of Procedure, and the Special…
…investment arbitrations, it is important for stakeholders to understand the theories underlying the choices and remedies available to parties in such disputes so that fact and expert evidence are properly…
…competitive advantage over those who only signed up to the Convention later. With this reform, Luxembourg is taking two steps forward: it is not just catching up, but is making…
…inherently competitive, with clear rules and objectives that players must strive to achieve. They offer a level playing field where skill and strategy can triumph over luck or chance. Furthermore,…
…Kleros Short Paper). The jurors, once selected, are to decide the dispute based on the description of the dispute, the applicable laws, and the digital evidence submitted by…
