…be tagged onto the former Art. 28(2) FAL, has been helpfully separated out into a new Art. 28(2) FAL (as amended). Tribunal’s power to determine rules of evidence The…
…other rules of international law, i.e., provisions contained in treaties other than the applicable investment agreement and/or rules of customary international law, for investor-State proceedings. In particular, it highlights whether…
…said that there are currently no arbitration rules that define the standard of proof for corruption. Given the involvement of public officials and the general public interest, he suggested looking…
…the most strategic rules of evidence – CIETAC and Shanghai International Arbitration Center Rules, for example, give tribunals authority to determine the rules of evidence so parties can negotiate which…
…is no state immunity. The EWHC concurred with this argument made by Yukos, adding that the SIA includes nothing which disapplies procedural or substantive rules that would otherwise apply and…
…within the ISU rules for the review of decisions taken by the ISU under the said rules. The Vital Role of Sports Arbitration: Safeguarding a Level-Playing Field Arbitration provides…
…or way of reference to arbitration rules, the terms of the parties’ agreement will prevail, unless it is stated in the arbitration rules that these rules prevail over the parties’…
…nominated; the rules to govern the arbitration proceedings (the arbitration rules of the International Chamber of Commerce (“ICC Rules”); the city wherein the arbitration proceedings would be conducted (Shanghai); and…
…“unclean hands” doctrine in particularly serious cases. However, because it found that there was no evidence of illegality in the privatization processes, the Tribunal rejected the objection without deciding whether…
…award that is ultimately non-enforceable. Institutional Rules: Parties will need to consider how the new power will interact with their chosen institutional rules. As discussed below, this will be particularly…
…P&ID’s claim succeeded. Secondly, P&ID presented and relied on evidence that it knew to be false. P&ID’s Chief Executive Officer, Mr Quinn, had conducted himself dishonestly in giving evidence at…
…specific rules on non-judicial emergency relief), parties often seek assistance from national courts that would otherwise come too late from an arbitral tribunal. In this respect, the decision of the…
…also been included as part of the revision of the ICC Rules, the VIAC Rules and the Delos Rules in 2021, as well as the AIAC Arbitration Rules in 2023….
…a counsel is pressed for time, or has run out of time. The IBA Rules on the Taking of Evidence (the “IBA Rules”) are designed with chess-clock proceedings in mind….
…Convention does not differentiate between interim or final awards and in the particular case, as per Article 2(v) of the ICC Rules, an award includes interim, partial or final awards….
…means of dispute resolution among international parties. To foster a more efficient arbitration system in the Kingdom, the Saudi Center for Commercial Arbitration (“SCCA”) issued new Arbitration Rules (“Arbitration Rules”),…
…and the rules of equity. , which codifies the principle favor contractus or conservation principle, which provides that “no one contracts for the sake of contracting, but rather taking care…
…some evidence that the concept may be sought to be applied more broadly in other jurisdictions, including in the international marketplace through alternative dispute resolution mechanisms such as mediation, expert…
…for Sustainability The IBA Report notes a proliferation of ESG-specific requirements in commercial contracts (refer to IBA Report § IV). These clauses, frequently incorporated as due diligence requirements or compliance…
…hold a university degree in the Shariah or the Islamic legal sciences (fiqh), must ensure the application of the law and the procedural rules do not contravene the principles of…
…go beyond the walls of government buildings, potentially affecting millions. With a mind to this, in accordance with its Rules, a special session of the ICC court is constituted to…
The Saudi Center for Commercial Arbitration (“SCCA”) has recently revamped its rules, aiming to solidify its position as a global leader in arbitration. The latest amendments, which have been elaborated…
…procedure for enforcing foreign judgments. ↑2 See Gordon Blanke, Blanke on UAE Arbitration Legislation and Rules (2021) p.268 ↑3 See Gordon Blanke, Blanke on UAE Arbitration Legislation and Rules (2021)…
…unresolved issue of implementation and enforcement of the Codes. She pointed out that challenges or disqualification of arbitrators would remain subject to applicable rules or the instrument of consent, given…
