…Objective, save for mandatory rules of [chosen jurisdiction] law. Climate change-related policies, however, impact not only the substance of arbitration, but also its process. Part of it could be what…
…roles; the rest is anecdotal evidence. But what are the preferences of the users and what are their experiences like globally? Do the international dispute resolution systems meet their expectations?…
…introduction of arbitration proceedings rules in the Third Schedule of the New Act (Section 64(2)). These rules govern arbitration-related court proceedings. The rules contain several interesting provisions, most notably provisions…
…with privilege issues, because it is treated differently depending on each jurisdiction. The discussion ended up with an interesting reflection on the IBA Rules: frequently arbitration practitioners misinterpret the IBA…
In general, arbitration laws do not make express provision for rules of evidence and institutional rules largely leave it to the arbitral tribunal to determine matters of evidence. It might,…
…program. The CCB arbitration rules were modified in 2022. What are some of the new features? What are the main differences between these rules and the rules issued by…
…to ensure that Article 16 ECT indeed has no effect. This results in a prolonged time-period before intra-EU arbitration is removed, but would be evidence of a good faith approach…
…the AAA Rules, which provide that the arbitrator has the power to rule on his or her own jurisdiction, were incorporated into the System Operating Agreement. It additionally held that,…
…Rules, Art. 7 ICC Arbitration Rules, Art. 4.2 Swiss Rules) often fail to effectively include a third party. Under the Draft DIS-ERS, all parties concerned consent to the possibility and…
…there have not been many substantive changes to these international institutions. Taking the WTO as an example, it has faced criticism for its inability to conclude treaties after the successful…
…(2020) and Article 161 of its implementing rules state that the Ministry of Industry, which holds a permission to engage in mining activities in the KSA, “may agree to settle…
…of the ICC International Court of Arbitration) and Almudena Arpón de Mendívil (President of the IBA). The chat, which was hosted by IE University and moderated by Alfonso Iglesia (Cuatrecasas),…
…ace up their sleeve) and fails to do so without a valid reason, the IBA Rules provide that their written testimony shall be disregarded. The LCIA rules contain a similar…
…or UNCITRAL Rules), and several investor-state arbitration tribunals have had the opportunity to interpret and apply their provisions. We provide below an overview of Israel’s IIA program. Overview of…
…nature and, therefore the STJ has jurisdiction to decide conflict of competences between arbitral tribunals constituted pursuant to the rules of the same arbitral institution when: the applicable institutional rules…
…would be recourse to arbitration under the rules of the Dubai International Arbitration Center “without prejudice to the jurisdiction of Dubai Courts.” (دون الاخلال باختصاص محاكم دبي). The CFI rejected…
…their submissions that the judges of a multilateral investment court (MIC) would require different rules than those applicable to arbitrators. Thus, in the comments to the second Draft Code the…
…and relief to funders and funded parties in India. Aside from unequivocally recognising the validity of TPF in arbitrations, the Court also called for the government to formulate rules governing…
…of the Rules), the parties’ capacity to request provisional measures (Article 24 of the Rules), and confidentiality of hearings as a principle (Article 26.5 of the Rules), which is particularly…
…of evidence likely to prove material to the outcome of the arbitration. According to the Committee, this provision, which is not included in the 2006 Model Law, affords to arbitral…
…award qualifies as unlawful state aid, and an injunction prohibiting AES and AEF from taking measures aimed at the enforcement of the arbitral award. In essence, Spain bases its requests…
…the failure to disclose as grounds for removal. No Reference to the IBA Rules: The ADI wants to prevent arbitrators and judges from consulting the IBA Guidelines on Conflict of…
…the hearing. Mocks also may facilitate strategic choices as to what arguments and evidence to feature at the hearing as distinguished from arguments and evidence that may be better presented…
…ICC Arbitration Rules against two respondents (“Respondents”). These proceedings arose under two share purchase agreements, governed by Thai law. The cases were heard together by the same tribunal, comprising of…
