…in Canfor v. U.S., administered under UNCITRAL Rules, allowed the U.S.’s consolidation request of Tembec v. U.S. and Terminal Forest Products v. U.S. into a common proceeding, as all the…
…the way for the development of regional and national rules protecting investors. However, panelists were cautious about the prospect of a new global regime for space investments in the coming…
…arbitration under the UNCITRAL Rules administered by the PCA. Notably, the Model Concession Contract under the Public-Private Partnership framework and the Model Mining Services Contract also provide for arbitrations administered…
…Conduct) Rules 2015. However, there is no express requirement to disclose the AFA agreement or the terms therein. While the agreement or the terms therein may arguably fall within the…
…changes brought by Decree No. 34/2021, which provided for the consolidation of local arbitration centers into a single institution, DIAC released its 2022 revised arbitration rules, which provided the arbitration…
…international arbitration agreement must be assessed subject to the mandatory rules of French law and international public policy without reference to a national law. BGH – I ZB 36/21,…
…of independence or impartiality of arbitrators. However, detailed and binding rules on the challenge and disqualification of arbitrators are not forthcoming. Against this backdrop, the revised Indian Model Bilateral Investment…
…course will require all of the parties’ (and related parties) consent, which could be tricky if non-signatories are involved. using institutional rules’ mechanisms for consolidation of arbitrations or joinder of…
…with its own rules, hosted several panels in relation to energy arbitration at historical Sait Halim Pasha Mansion by the Bosphorus. This post provides a succinct coverage for three of…
…Civil and Commercial Code (CCC) was the inclusion of specific rules about local arbitration agreements, something that the previous civil or commercial codes did not contemplate. Although the CCC’s private…
…of CETA and its reference to an Investment Court System as a new model for investor-state dispute settlement. The court considered that since the ‘new rules of investment protection are…
…rules or instruments other than national laws, such as the United Nations Convention on Contracts for the International Sale of Goods (hereinafter CISG), the UNIDROIT Principles, International Commercial Law, and…
…to amend the Convention – thereby extending the Convention’s uniform, global rules for dispute resolution to cross-border trade and investment involving Taiwan. Nonetheless, political inertia and reservations regarding China’s potential…
…Vienna Convention on the Law of Treaties (VCLT), and accordingly, ought to be interpreted in light of the treaty’s object and purpose, and keeping in mind any relevant rules or…
…the UNCITRAL Rules and other ad hoc rules). 2. Jurisdiction In FY2022, the majority (56%) of cases were brought under bilateral investment treaties (BITs) (FY2021 – 63%, FY2020 –…
…(e.g. definition of terms, entry into force and termination, scope of application) while rules specific to these different dispute resolution mechanisms (any agreement and rules on the appellate mechanism, the…
…VCLT, as a unifying mechanism, can guide drafters of new procedural rules and substantive agreements. As a well-settled interpretive instrument, the VCLT can assist drafters in achieving greater coherence and…
…new top level domain names. The IRP provides for dispute resolution through international arbitration based on the ICDR International Arbitration Rules, supplemented by Interim Supplementary Procedures. Sabater, who has acted…
…and if the investor has actually accessed, or voluntarily accepted compensation under, any national compensation schemes. Furthermore, the draft decision adds rules of ‘contributory fault’ to Article 38.9 of the…
…pivotal to recognize the importance of judicial jurisprudence around the legality of such processes synchronous with legislative amendments and amendments to the rules of major arbitral institutions. The Indian illustration…
…on the “public interest” when considering interim relief applications. Admittedly, there remains ambiguity concerning the applicable standard for interim relief applications in international arbitrations, and the prevailing rules generally provide…
…institution, reporting on major developments over the last year. Meg Kinnear (Secretary-General, ICSID) provided a brief overview of the 2022 revisions to the ICSID Rules and Regulations (“the Rules”), achieved…
…tribunal of the fundamental rules of national substantive law or a gross violation of the rules of procedural law can also lead to a violation of the public order of…
…to exist in the realm of ISDS: (i) the territorial application of treaties; (ii) rules of priority between treaties in instances of conflict; (iii) the rules of interpretation in VCLT…
