Choosing the Weathered Veteran or the Young Buck?
…This is not a new topic. I find myself often standing amongst professional peers when it comes up. You see it when someone is talking about the lack of female…
…This is not a new topic. I find myself often standing amongst professional peers when it comes up. You see it when someone is talking about the lack of female…
…effect comply with the provisions of the EU Mediation Directive 2008/52/EC for various commercial law matters. The draft paper on this new law was just voted on, on 9 December…
…for those engaging in international arbitration would be to pledge to stop engaging in them. While arbitrators, institutions, and even country legal systems, may all have their own list of…
…on December 23rd when an ICSID annulment committee annulled the 2007 ruling. The annulment paves the way for a new arbitration, and one imagines that this will land on ICSID’s…
…to allow for arbitration according to the disability policy. The arbitral tribunal awarded the doctor full policy benefits as well as punitive damages and damages for emotional distress; however, the…
…of this new European investment policy, which will inevitably lead to an increased politicization of the discussion regarding investment treaty arbitration. The new exclusive EU competence means that in the…
…Arbitration Act (Cap 10) (the “Arbitration Act”). Nonetheless, the Court’s observations would likely apply in the international context, given the similarities between the Arbitration Act and the legislation governing international…
…the American Bar Association’s Model Code of Professional Conduct, a couple provisions imply that the attorney’s representation must be to completely do what is reasonable and best for the client….
…entered into a Supplemental Agreement to be bound by Rules 3 through 7 of the American Arbitration Association’s Supplementary Rules for Class Arbitrations. Rule 3 contains a requirement that as…
…party opposing arbitration to apply for a judicial declaration that no valid arbitration agreement existed. This line of reasoning has persuaded the Indian Supreme Court (albeit in a split decision),…
…Rules, and 22 of the LCIA Arbitration Rules. The framework provided by all these national and international rules leaves the parties – and, if they are silent, the arbitrators –…
…presence of the Permanent Court of Arbitration (“PCA”). In fact, the new facility intends to use the PCA as an appointing authority similar to that outlined in the UNCITRAL rules….
…(Children’s Nutrition) which contained an arbitration clause referring to the Vienna International Arbitration Center (VIAC) and the Vienna Rules. On 6 November 2006, Hipp concluded a guarantee contract with the…
The controversial topic of third-party funding in international arbitration continues to generate much debate across the conference circuit and in the legal press. On the one hand, supporters claim that…
…arbitration lawyers it is the choice of seat (and the choice of arbitration institution) that captures their interest. Participating corporations were asked to indicate their preferred seat of arbitration and…
…has been set down in the 2010 revision of the IBA Rules on the Taking of Evidence in International Arbitration (“IBA Rules”) which put the entire evidentiary process under the…
…exploring arbitration in Roman times. An analysis of the Arbitration Clause followed, along with a panel on The Future of Arbitration, with insight given into Peruvian Arbitration Law and the…
Within the last two decades, over 30 new states emerged within the international community. From a political, economic, as well as a legal point of view, the formation of a…
…conduct and national rules of professional responsibility. In many jurisdictions, counsel’s conduct in an international arbitration is subject to obligations imposed by his or her local bar (which may or…
…DSU. The procedures are similar to investment arbitration. There are provisions for the request for arbitration, establishment of an arbitral panel, rules on arbitrator conduct, rules governing proceedings, evidence gathering…
…conduct in arbitration proceedings. All these initiatives share one particular attribute with national rules for professional conduct. They are catered towards the more classical role of the attorney as party…
…view, consistent with previous case law as well as with the established international arbitration practice as embodied the IBA Guidelines on conflicts of interest in international arbitration (General Standard 2.b)….
…not itself a signatory to a 1996 contract between Dallah and a Pakistani government-created Trust – could be bound by an arbitration clause providing for ICC arbitration. While Dallah persuaded…
…States Code, federal regulations promulgated pursuant thereto, established common law, the Oklahoma Statutes and rules promulgated pursuant thereto, and if necessary the law of another state of the United States…