…Ms. Mehranvar noted that these observations underscore a concerning trend where countries with greater influence in the creation of the ISDS regime are once again re-writing the (asymmetric) rules, paving…
…proceedings, under the rules of the ICC, before a sole Arbitrator, in an abbreviated procedure, in which it demanded the restitution of the paid advance balance, plus interest, and costs….
…with the rules of public policy and notably mandatory rules of French public law (lois de police). However, it seems unclear whether in SMAC v Ryanair, the Conseil d’Etat applied…
…concluded which has been criticized by many European companies and governments. Nonetheless, she stressed the point that they contain important innovations with regard to CSR rules, climate change and the…
…themselves in a precarious balancing act: on one hand, they must provide a degree of predictability and security to investors who, understandably, seek stability and clear rules; on the other…
…the Qatari Appeal Court answered the question in the negative, refusing to set aside an award rendered under the rules of the Qatar International Center for Conciliation and Arbitration (QICCA)…
…the impact of sanctions on insurance policies is often overlooked. Challenge 2: Anticipating and preventing the risk. For now, most arbitral institutions lack specific rules that handle sanctions, which implies…
…of procedural mechanisms such as consolidation and joinder. Even if arbitration institutional rules may have specific requirements, the use of joinder is meant to allow a third-party to join an…
…rule on these issues comes from – normally this power comes directly from the applicable lex arbitri, arbitration rules or the arbitration agreement. Put differently, the arbitrators have clear statutory…
…and the modernisation of arbitration rules. Nonetheless, each CA country is unique in its approach to regulatory reform and thus, each particular approach is specific to the country. Central…
…rules require disclosure of all circumstances that might raise a reasonable or justifiable doubt as to the prospective arbitrator’s independence and impartiality. For instance, article 11 of the ICC Arbitration…
…under the applicable rules allowing arbitration institution to temporarily assume the costs of arbitration or otherwise mitigating the burden of their payment, if available, or – with the involvement of…
…for Spain to rely on internal EU rules to avoid paying its award debt. Replying to Prof. Bermann’s remarks, Mr Kuplewatzky drew a distinction between the CETA tribunal, which applies…
…modern business-oriented jurisdiction which can hear cases in English and adapt its rules of procedure to each specific case. Taking advantage of an audience largely composed of in-house counsels, President…
…case and by the European Court of Human Rights (ECtHR) in 2018 in the Pechstein case. As per the CAS Rules, all arbitral proceedings are to be seated in Switzerland,…
…are few, if any, ethical guidelines and codes of conduct for arbitrators. When it comes to corruption, the only applicable rules are general principles such as the independence, impartiality and…
…ownership transfer depend on the legal status of crypto assets, with considerations for their fungibility. The second question concerns the rules applicable during insolvency proceedings against custodians of crypto assets….
…reinstated his support for alternative dispute resolution mechanisms. In parallel, he called for continued reflection on French arbitration law, with a view to, inter alia, streamline the rules and increase…
…ADR Rules 2022 and seek to address the common problem of lengthy delays in the court process by promoting arbitration and clarifying the degree of court intervention in the arbitral…
…production. However, the use of AI necessitates ethical and procedural considerations. Potential concerns arise with regard to (deep-)fakes in videos, photos and audios. The prevailing institutional rules and lex arbitri…
…explained that this case demonstrated to the world that arbitration could be used as a rules-based alternative to war. However, in the 19th century, arbitration moved away from the goal…
…Rules would only supplement the rules chosen by parties. This led to unnecessary complexities when parties’ chosen rules contradicted the ADCCAC Rules as it was unclear which rules would prevail….
…City (U.A.E.) in accordance with the Rules of International Chamber of Commerce (ICC Rules)”, and to be “governed and construed in accordance with the laws of the Emirate of Abu…
…arbitration institution) fails to play by the rules, Art. 10bis(2) points to the risk inherent in the new regime under Art. 10bis, potentially undermining the institution’s integrity to the detriment…
