…speedy and judicious disposition of cases.14)MC 8, Sec. 24. The pertinent provisions of the ADR Act and its implementing rules and regulations, the SEC Rules of Procedure, and the Special…
…investment arbitrations, it is important for stakeholders to understand the theories underlying the choices and remedies available to parties in such disputes so that fact and expert evidence are properly…
…competitive advantage over those who only signed up to the Convention later. With this reform, Luxembourg is taking two steps forward: it is not just catching up, but is making…
…inherently competitive, with clear rules and objectives that players must strive to achieve. They offer a level playing field where skill and strategy can triumph over luck or chance. Furthermore,…
…Kleros Short Paper). The jurors, once selected, are to decide the dispute based on the description of the dispute, the applicable laws, and the digital evidence submitted by…
…a binding procedural timetable; and evidence can be submitted in English (and experts and witnesses can testify in English and submit their documents in English), though written submissions have to…
…include both institutional reforms (ICSID rules reform, UNCITRAL technical notes, and more) and grassroots research such as discussions with institutions, stakeholders, hi-tech companies’ general counsels and external counsels who expressed…
…Mediation, and the UN Convention on Contracts for the International Sale of Goods), prepares legislative guides, publishes rules for arbitration and mediation, and is currently working on two model laws….
…Rules and the Chartered Institute of Building Set of Rules which also have specific rules regarding integrity. He likewise related the difference between the US and UK in terms of…
…jurisdictions; however, most jurisdictions lack any rules concerning the intersection of arbitration and insolvency. Relevant rules in this regard are generally found in national insolvency laws, which set different limitations…
…for Settlement of Investment Disputes (ICSID) Convention and Additional Facility Rules since 1966, only three appointments of ad hoc committee members (and no appointments of arbitrators or conciliators) have been…
…are typically bound by their ethical rules irrespective of the place of arbitration or the substantive law of the dispute, any AI-related guidance or rules issued by their regulation authority…
…US$ 3.4 trillion and boost income to US$ 450 billion by 2035. Under Article 20 of the AfCFTA, a Protocol on Rules and Procedures for the Settlement of Disputes was…
…the validity and scope of an arbitration agreement before an arbitration had taken place and therefore applied English common law rules to the analysis of the law governing an arbitration…
…other side of the laissez-faire’s rules that held sway in the 19th century. As a matter of fact, the Brazilian Constitution confirms this principle by guaranteeing access to justice for…
…relevant to disputes concerning contract formation, as distinct from disputes concerning contract validity. In the case of the former, (i) usual contract formation rules must be satisfied because if there…
…remain unclear. As of today, there are several potential pitfalls that could jeopardize its effectiveness and outcomes. Taking inspiration from the words of José Miguel Júdice, Kyrgyzstan’s decision to address…
…the Rules of Proceedings of the HCAC from 2023, expressly codifying this principle. The panelists agreed that, in terms of transparency, dissenting opinions should share the fate of the award,…
…regional courts have jurisdiction over nearly all arbitration matters, the local courts are currently responsible for providing court assistance in taking evidence and other judicial acts like prompting service of…
…of Web 3.0, which is currently lacking a comprehensive legal framework, investors are taking preventive measures to safeguard the ownership of IP rights. The expansion of the Web 3.0 market,…
…ICC’s global prominence, Abdullajonova explained that the ICC has enjoyed increased use in Central Asia because of the diversity of its dispute resolution tools. The ICC Rules provide that the…
…Skougarevskiy). NAFTA arbitrations, given their sheer number, have provided the arbitration community with opportunities to study and understand effective practice under the UNCITRAL Rules and ICSID Additional Facility Rules. Scrutiny…
…its post-judgment orders barring him from taking actions to prevent collection of the judgment, Yegiazaryan, to avoid having to comply with the contempt order, “falsely claimed he was too ill,…
…2022 VanIAC International Commercial Arbitration Rules (previously discussed here) contain a provision on early disposition, as do the rules of some other institutions. How Critical are “Critical Minerals”? Perhaps…
