…and that any ethical or other professional rules of conduct applicable to client-lawyer fee agreements are followed, thereby providing further safeguards against any subsequent allegations of breach. In practice this…
…arbitration under the 2021 International Chamber of Commerce Arbitration Rules (“ICC Rules”), where the threshold is currently USD 3 million. The Expedited Procedure Rules under the 2023 Rules can also…
…have adopted the “clear and convincing evidence” standard (Lao Holdings N.V. v. Lao People’s Democratic Republic) whereas at least three arbitral tribunals have found that “circumstantial evidence” could be relied…
…rules were not just a copy and paste of the rules adopted by other institutions. He explained that robust governance and transparency together with reducing cost and time were the…
…the Working Group” included in an earlier draft of the Prague Rules (at the time titled the Inquisitorial Rules on the Taking of Evidence in International Arbitration) concedes, “many arbitrators…
…again. She also reminded that according to the new DIAC Arbitration Rules 2022, which has replaced the previous DIAC Arbitration Rules 2007, the Dubai International Financial Centre (“DIFC”) will be…
…decide the case, with the PCA acting as the registry and providing administrative support. The arbitration was conducted under the PCA Optional Rules for Arbitrating Disputes between Two Parties of…
…a mechanism to avoid pathological clauses. Ms Agnihotri highlighted the need to strategize well and the importance of taking a holistic approach in navigating the evolving arbitration landscape in India….
…the dispute is based in London. This scenario involves additional challenges as the sanctions rules for American parties would also have to be considered in deciding whether expert services can…
…penalties imposed on arbitrators and the interpretation of DIAC rules. However, he stated that all of these are being recognized and handled. He also, emphasized that the competition across the…
…the new types of disputes which their companies and the State are facing. The discussion was conducted under the Chatham House rules. The panel noted that collective redress actions, Environmental,…
…restricting new arguments and new evidence unless they could not have been known at the time, allowing oral evidence in exceptional circumstances and, allowing challenges where the decision of the…
…rules and introduced the second edition of the SCCA Rules 2023, which came into effect on 1 May 2023. Could you give our readers a brief introduction to SCCA as…
…to German law, in derogation of the substantive rules of the seat of arbitration (Turkish law) expressly designated by the contracts. On the other hand, the award-creditor, inter alia, referred…
…first made its presence in arbitration through Rule 41(5) of the 2006 ICSID Arbitration Rules (now found in Rules 41 and 43 of the amended ICSID Arbitration Rules (2022)). This…
…Rules. The ICSID Convention Article 27 curtails the home State’s capacity to assert diplomatic protection. Invoking the responsibility of another State for violations of investor rights, in turn, is dependent…
…when they are reasonable, taking into account written express assurances by the host country (Annex 14-B.3). Finally, the Colombia – Venezuela BIT explicitly leaves out the fair and equitable treatment…
…standards of investment protection (FET, expropriation), excludes intra-EU ISDS from the scope dispute settlement, and the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration are made applicable to all ISDS…
…conventional financial rules, enabling thus mismanagement and irresponsible corporate governance practices. Yet, it is also likely that, to clean this mess, governments may introduce regulation in the near future to…
…unclear what Rules mean by “reciprocity”. The Rules state that for reciprocity, BCI would consider the Indian law firms and lawyers operating in the corresponding jurisdiction. For example, several Indian…
…its proceedings – even if that is before the court decision is rendered. This is because the closure of court proceedings bars further submission of evidence, and the court cannot…
…and (2) institutional capacity. Li posed the open question whether we need more institutions and bespoke rules to deal with BRI disputes. Existing institutions, such as HKIAC, CIETAC, ICC and…
…on a uniform set of rules amongst all states. As a result, the NYC does not refer to any specific set of rules, leaving it to each contracting state to…
…freely regulating is misleading. There is no empirical evidence of this alleged regulatory chill. As Samantha Rowe emphasized, the ECT is a neutral convention which applies to fossil fuel and…
