…the arbitration agreement was invalid. The court also rejected the notion that Russian courts had exclusive jurisdiction over the dispute due to the sanctioned party’s inability to secure a fair…
…case of Zhongij Development Construction Engineering Company Ltd v Kamoto Copper Company SARL [2014] SCA, where the Supreme Court of Appeal underscored the importance of international arbitration, party autonomy, and…
…for the dispute and to assist in gathering and organizing initial document submissions. Addressing arbitrations held without tribunal-appointed experts, Mr. Flores contended that this approach can be effective if party-appointed…
…tribunal to examine a party or witness on oath or affirmation, but in no way compels to do it. Others prohibit it, i.e. prevent the tribunals from administering oaths or…
…the jurisdiction of national courts by deferring to the decision of an arbitrator the settlement of disputes to which they are a party.” Those initial statements suggest that the third…
…interest must be justified as necessary to achieve full reparation, the burden of proof lying on the party claiming it. Interest Rate on Allocation of Costs Tribunals have systematically…
…grounds for annulment of an arbitral award. Indeed, a party willing to bring an annulment action before a regional High Court of Justice must allege and prove one of the…
…features of the Protocol is its codification of a specific right to regulate. The Protocol’s preamble reaffirms the sovereignty of each state party and their right “to regulate investments within…
…nonsignatory guarantor could rely on an arbitration clause in the underlying contract because by entering into the guarantee agreement it had become a party to the underlying contractual relationship, including…
…as referred to in the ICC Commission Guide on Effective Conflict Management (available here), is non-binding neutral evaluation, which can be used by one party, or all parties to a…
…Court also confirmed that it was not its role to assess whether a party might hypothetically use the money owed to violate international public order through human rights abuses in…
…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…
…example, it has provisions dealing with multi-party arbitrations, permitting joinder of third parties and encouraging respondents in proceedings to identify third parties as soon as possible with their answer to…
…done as the concept of third–party funding is not yet widely known and largely unregulated in the various jurisdictions. There is a demand to familiarise lawyers and parties with this…
…state judges and thus of potential parallel proceedings which may ultimately lead to the contradictory decisions. Claire Pauly provided a brief insight into the interaction between the party autonomy and…
…with the counsel of a party or the manager/ the director/ the member of the supervisory board of a party; an entity that has a direct economic interest in the…
…that the plaintiff failed to, inter alia, prove a failed attempt to obtain third party funding. According to the Supreme Court, which relied on, inter alia, European Convention of Human…
…award. Enforcement takes another dimension when it is against a State. In commercial arbitration, there is always a higher party (State) to enforce an award. However, in ISDS, there is…
…do not necessarily consist of a formal criminal complaint, but where a party makes it clear to the arbitral tribunal (e.g. by written submissions) that a particular interpretation of the…
…that: “This Agreement shall apply to all investments made by the investors of one Contracting Party in the territory of the other Contracting Party as of 1 January 1992”. Mr….
…in whole or in part by any Party to any third party, for any reason whatsoever, without the prior written consent of the other Party and any such assignment, transfer…
…those worried that this might reduce the amount of work for arbitrators and counsel, he replied that focusing of party-interest is an exercise that will eventually increase the use of…
…not. Since an arbitration agreement is a distinct and separate agreement, the arbitral intent between the original party and the assignee of the other party must be made manifest. A…
…under the Model Law, the referral is dependent on a party’s request, under the New Arbitration Regime, the Courts may on their own motion refer the matter to arbitration.7)DAA, s….
