Arbitrating Family Disputes in France
…arbitral award ruling on matters of family law would be treated in a more flexible matter by subjecting it to the rules of appeal against a court decision, rather than…
Search Results for: prague rules
The Vis Moot’s New AI Rules: Reflecting Current Sentiment & Foreshadowing Issues in Practice
…rules. According to the Vis Moot’s explanation, these new rules represent a compromise between the academic interest to “ensure that students continue to develop their skills” in the competition and…
NAI Annual General Meeting 2023: A Recap
…update on the new NAI rules (recently discussed on the Blog). The latest (yet to be published) revisions, include inter alia: a focus on cost-efficiency by introducing (i) an early…
Redefining Resolution in Data Disputes: Why Arbitration Holds the Key
In our data-centric economy, disputes related to the safeguarding, access and use of data are on the rise. That Microsoft has ‘stashed’ almost half a billion dollars in anticipation of…
CIAM New Arbitration Rules: A Leap Forward for International Arbitration in Spain?
…of international disputes. To access a detailed technical note with all the modifications to the CIAM new Rules and full text of the new Rules, please visit the CIAM’s website….
The Third ICC Arbitration Conference for the Northeast of Brazil: Exploring the Region’s Full Potential
…Natália Mizrahi Lamas (Partner, FCDG Advogados, Rio de Janeiro) presented a comparison between expedited arbitration and regular arbitration in accordance with the key provisions of the ICC rules. “It is…
New York Arbitration Week 2023 Recap – Obtaining Evidence in the United States from Non-parties to an International Arbitration in a Post-1782 World
…the request. Fourth, he argued the application was timely, citing the IBA’s Rules on the Taking of Evidence in International Arbitration (the “IBA Rules”), which provide that the Tribunal may…
Brazil, Dispute Resolution, ICSID, Investment, Investment Arbitration, Investment Disputes, ISDS, ISDS Reform, Latin America
BRAMIA: An Alternative to ISDS
…of winning justice. This is unfair. We need to end these corporate courts now! Rights for people, rules for corporations.” Letter from the Stop ISDS movement to the President of…
New York Arbitration Week 2023 Recap – Effectively Managing M&A Risks and Disputes: Key Issues and Top Tips
…close consideration. With respect to emergency relief, he acknowledged that although arbitration rules increasingly provide for emergency relief, there is generally more comfort in resorting to the courts for such…
UAE’s Arbitration Law Transformation Through Federal Decree Law No.15 of 2023: Innovations, Ethical Compliance for Arbitrators, and Enhanced Procedural Roles for Arbitral Institutions
…of any agreement between the parties or specific legal provisions, the arbitral tribunal has the discretion to determine the relevant rules. The only constraint is that these rules must not…
Constitutional Court, Ecuador, ICSID Arbitration, Latin America, Trade and investment agreements, Uncategorized
Ecuador Sends Mixed Signals: The Constitutional Court (Wrongly) Declared a Treaty Containing an ICSID Arbitration Provision Unconstitutional
…the one hand, Ecuador decided to rejoin the ICSID system and, on the other, its highest court on constitutional matters rules that a treaty providing for ICSID arbitration is unconstitutional….
PRC Foreign State Immunity Law: A Gateway to Judicial Review of Investor-State Arbitration by the PRC Courts?
…that prevented Chinese arbitration institutions from accepting investor-state arbitration cases. As noted, several leading arbitration institutions in the PRC launched investment arbitration rules, i.e., SCIA Rules Article 2(2), CIETAC Rules,…
Dual Nationals, Interstate arbitral awards, Investment, Investment agreements, Investment Arbitration, Investment Disputes, Investment law, Investment protection, Investment Treaties, Investor, Latin America, Venezuela
A Never-ending Story? Dual Nationals in Investment Arbitration: A Commentary on Santamarta v Venezuela
…As such, the tribunal could not conclusively determine whether the treaty contains specific rules regarding dual nationality and had to rely on other rules of international law. As per the…
Inquisitorial Processes, Or: Can Singapore Courts or Arbitral Tribunals Engage in the Amicable Settlement of Disputes?
…actively encourage settlement between disputing parties. In comparison, the LCIA Arbitration Rules do not contain similar provisions. Powers of Courts and Tribunals in Singapore In Singapore, different procedural rules may…
Key Insights on Libya’s New Arbitration Law
…a comprehensive set of procedural rules for governing arbitration proceedings. Parties can mutually agree upon the procedural rules to be applied in their arbitration proceedings if required. If there is…
The Contents of Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, Volume 89, Issue 3 (2022)
…rationality, bounded willpower and bounded self-interest which explains why parties favour certain arbitration rules and procedures on confidentiality. An examination of leading arbitration rules such as the London Court of…
ISDS Under the USMCA: The First Three Years at a Glance
…new rules offered limited access to the ISDS mechanism compared with NAFTA. Furthermore, investors from Canada and the U.S. face an additional restriction as ISDS rules expired between the two…
KluwerArbitration ITA Arbitration Report, Volume No. XXI, Issue No. 10 (November 2022)
…impartiality in accordance with article 13, paragraph 6 of the CRCICA Arbitration Rules. An Operator of the Relevant Industry (“First Operator”) v. Another Operator of the Relevant Industry (“Second…
On the Right Track: Chile’s Supreme Court Recent Ruling on Recognition and Enforcement of Foreign Awards
…established by the International Commercial Arbitration Act is restrictive and refers to the fundamental principles and rules of Chilean law and not to any mandatory rules of domestic law.“ This…
Sciences Po Law School 6th Brazilian Arbitration Forum: Assistance From National Courts: Wanted or Unwanted?
On Friday 8 September 2023, the ICC International Court of Arbitration (‘ICC Court’) hosted a panel on the interaction between arbitration and national courts titled “Arbitration and National Courts –…
Separability of Arbitration Clauses: A Perspective From Dubai
…arbitral proceedings against the foreign shareholder and the Company under the Dubai International Arbitration Center (“DIAC”) Rules claiming his entitlements arising from the said addendum. The tribunal rendered a favorable…
New VIAC Selected Arbitral Awards Published Through the ITA Arbitration Report and Kluwer Arbitration
…the structure in the first volume. The cases refer to different versions of the Vienna Rules. Reference to “Vienna Rules” indicates the relevant Article of the Vienna Rules 2021, while…
Ad hoc arbitration, China, Cryptocurrency, Expedited arbitration, Public Interest, Sport arbitration, Uncategorized
Guiding Cases 199-201 Issued by the PRC Supreme People’s Court—Further Steps Toward a Pro-Arbitration Regime
…the ad hoc arbitration rules of China Maritime Law Association, with the institutional assistance of the China Maritime Arbitration Commission. Another significant milestone in the development of ad hoc arbitration…
Aligning Legal Responsibility with Wrongfulness in the Calculation of Compensation in Investment-Treaty Disputes
…change the rules on damages and causation, and to have such change apply to many future investor-State disputes. With that background, this blog post proposes new rules on damages and…