…set of rules on how digital assets (including cryptocurrency) are classified has created pitfalls. For instance, in Seoul District Court Decision No. 2018KaDan800115, an application to attach certain portion(s) of…
…familiarity with a State’s court system, potential arbitrators should one need to be appointed under the rules, and the capability of the rules, in conjunction with the seat, to address…
…the Civil Procedure Rules grants the court discretion to vary the period. In this light, English courts have adopted various approaches to this limitation, ranging from refusing to extend the…
…Friederike Schäfer then observed that it can be quite challenging for arbitral institutions to meet the short deadlines under emergency arbitrator rules. Having acted as an emergency arbitrator before, Sophia…
…institutional rules (e.g., Appendix IV a) ICC Rules). He opined that bifurcation of the proceedings could be a useful tool if the tribunal was well prepared and the decisive issues…
…attractive seat, and in Japan to accelerate award enforcement. In the Middle East, institutions in Dubai, Bahrain, Saudi Arabia, and Oman have revised their rules, with the Saudi Centre for…
…where the tribunal secretary is not remunerated by the parties at all (which is the case in arbitrations conducted under the ICC Rules). To strike an appropriate balance, SIAC, for…
…whether parties do so by incorporating institutional arbitration rules that empower tribunals to decide their own jurisdiction. But that approach is not without controversy; the American Law Institute’s recently published…
…jurisdiction; (2) an arbitration under ICSID; or, (3) an ad hoc arbitration under the Arbitration Rules of the United Nations Commission on International Trade Law (“UNCITRAL”). Consequently, if a treaty…
…Rules and Appendix V, Eurofinsa made an application for emergency measures requesting the maintenance of the status quo between the parties and therefore, that the Water and Sewerage in Peri…
…arbitration, i.e. Secs. 1025 – 1066, apply. The non-applicability of the domestic rules of civil procedure also applies in other jurisdictions, though it must be noted that some jurisdictions (e.g….
…ICSID Convention and Rules, UNCITRAL Arbitration Rules, and other arbitral institutions with ISDS arbitration rules (e.g., SIAC). Ms. Lau then shared the criteria that must be satisfied to invoke ISDS…
…2021 National Arbitration Rules (the “CAM Santiago Arbitration Rules”). The amended version of these rules also came into effect recently, on 1 September 2023. Legal Framework Before the 2023…
…arbitration proceedings seated in Toronto under the ADR Institute of Canada Rules, heard by single arbitrator jointly selected by the parties, who: “must be either a retired judge, or a…
…in common law systems – despite some scattered express rules (e.g., in France) and interpretations based on the general principle of good faith (e.g., Italy). In general, the duty to…
…He questioned the dogma that, because international arbitration exists in a transnational, “delocalized” space, it allows for the application of an ethereal body of “transnational substantive rules” to fill gaps…
…UNIDROIT Principles, which sets forth non-exhaustive general rules for applying those principles in international commercial contracts. According to Mrs. Boscolo, the preamble allows recourse to the UNIDROIT Principles by express…
…veil, it would have provided more favourable rules of enforcement in respect of this foreign award than would have been available to a party wishing to enforce a domestic award….
…same arbitral rules (e.g., the 2016 Rules and SIAC Rules 2007) to be consolidated. The 2016 Rules had only permitted consolidation of arbitrations pending under the SIAC Rules. Coordinated Proceedings…
…be consolidated under the previous Dubai International Arbitration Centre (“DIAC”) 2017 Rules, even though those rules did not contain any explicit consolidation provisions. Case studies from the UAE further illustrated…
…the ISDS Provision Unconstitutional The decision has left many issues unresolved regarding the rules of Constitutional interpretation under Ecuadorian law when confronted with concepts used by international tribunals. However, the…
…tribunal to rule on one jurisdictional ground, while the court rules on another. However, pursuant to section 32(2)(b)(i), applications will only be considered if the determination is likely to “produce…
…unenforceable. Parties can survey legislation or rules to determine if there exists a clear, explicit, well-defined public policy, one that is “directly ascertainable by reference to a statute, implementing administrative…
…their local rules do not permit them to do so. Further, Ms. Collins highlighted the dangers of too much expert preparation, as it can impact not only the credibility of…
