…no specific venue or applicable arbitration rules are referenced. This could reflect recognition that Member States may need flexibility when negotiating ISDS under BITs with third countries which may oppose…
…did not elaborate on the role of arbitral institutions in handling these jurisdictional objections when administering India-seated arbitrations. To put this risk in context, under the SIAC Rules 2016, any…
…day. Impartiality and Independence of Experts Various rules on the use of party-appointed experts in arbitration, e.g., the IBA Rules (2020) and the CIArb Protocol (2007), make clear that…
…and the Saudi Center for Commercial Arbitration Rules 2023 (“SCCA Rules”). Clarifying the Application of the arbitrateAD Rules The arbitrateAD Rules apply to any arbitration commenced on or after…
…pressures driving the fields of ISDS and PIL in opposite directions: The use of evidence in written pleadings: ISDS cases today include more evidence and complexity, with pleadings expanding to…
…“the Petitioners’ input might assist it in better understanding certain factual aspects of the present dispute” (paragraph 54). Regarding access to documents, the Tribunal noted that the rules are silent…
…instance, while the old law contained provisions on interim measures, appointment of arbitrators, and evidence collection, they were not applicable in practice because they were not procedurally regulated by the…
…of access to justice pursuant to Art. 2(1) in conjunction with Art. 20(3) of the German federal constitution (see previous blog post here). As the relevant CAS arbitration rules did…
…evidence. The Dubai courts would only look into allegations if concrete evidence is provided. While parties retain the right to initiate challenges, the burden of proof rests heavily on them,…
…with The Hon Wayne Martin AC KC and outline of the draft 7th Edition of the SIAC Arbitration Rules. My address will begin by charting how international arbitration…
…the evidence, and potential legal issues, as well as getting relevant experts involved at the outset can indeed help parties in considering potential mediation and settlement options before arbitration, which…
…including the obligation to protect investor’s legitimate expectations, ensure transparency, provide a stable, and predictable legal environment, and refrain from acting arbitrarily and taking discriminatory measure. See e.g., PSEG v…
…new regional arbitration centres, the relaunching of other centres and a proliferation of new rules and best practice, alongside the growth in the legal sector. Any observer of the region…
…rules,” including provisions that allow the ISU to impose “sanctions” on athletes for participating in competitions not authorized by the ISU. According to the ISU rules, the ISU’s decisions may…
…ICSID Rules” which is to “preside at its deliberations” (paras. 126). Because there was no evidence that the arbitrators were regularly sitting together, the Court held that “tasks could not…
…would the evidence, if presented at the hearing, probably have changed the result (e.g. is it relevant and material to the issues in dispute); (ii) did the evidence exist, and…
…its doors at the Dubai International Financial Centre (“DIFC”) in February 2023 and publishing its new Arbitration Rules in May 2023. The new Arbitration Rules feature streamlined Online Dispute Resolution…
…under the MCIA Rules. Shifting gears, Ms. Chinoy discussed the challenges of mediating disputes with states and state-owned entities, given their fact and evidence-intensive nature. She praised the new Indian…
…arbitration seated in Singapore and conducted pursuant to the Singapore International Arbitration Centre Rules. TL’s Terms of Use also stated that there shall be no authority for any claims to…
…bench decision issued on 13 December 2023 reversed this finding and held that unstamped or inadequately stamped agreements, while being inadmissible in evidence until stamp duty is paid, do not…
…money to New Alternative Oak. The original contract (to which New Alternative Oak was not a party) included an arbitration clause providing for the application of ICDR arbitration rules, but…
…the original summons had not been served on Malaysia in accordance with Spanish rules governing proceedings against States. As service of the summons was a nullity, so too were all…
…such arbitration proceedings, the DIAC will apply the rules of procedure of the DIAC, including the tables of fees and costs, through the DIAC’s own case management systems, unless otherwise…
…uploading ‘analogue’ submissions in the form of statements of case, memorials, witness and expert evidence and documentary evidence. This is definitely a step in the right direction but like much…
