…Moreover, it should be noted that, for the agreements entered into prior to 1991, 98 of the Belgian Code of Private International Law refers to the rules of the Rome…
…law in the IBA Rules on Taking Evidence or the similar CIETAC Guidelines on Evidence or (ii) under the Arbitration Rules of the International Center for Dispute Resolution of the…
…awards submitted to PRC courts for recognition and enforcement, this study further examined the arbitration rules and administering institutions of the 86 arbitrations seated in London, finding that 43 (50%)…
…relevant institutional rules for each institution. These were also included in the helpful “Scoreboard” that accompanied the Guide. The overall conclusion is that the rise of arbitral institutions in Latin…
…2023. The new ACIC arbitration rules (“New Rules“), which came into effect in May 2023, replace the previous 2007 edition (“2007 Rules”). The New Rules are the result of an…
…validity; where multiple approaches may apply, practitioners may need to engage with conflict of law rules to determine which formal requirements govern in a particular case. These challenges are magnified…
…rules for the recognition and enforcement of foreign arbitral awards. Article III of the New York Convention states that the procedure for the recognition and enforcement of foreign arbitral awards…
…Arbitration Rules. In 2018, the arbitral tribunal rendered an award ordering the First Defendant to pay approximately USD$ 4 million to the Claimant (the “Award”). The Claimant made an application…
…and arbitrator. Mariel also sits regularly as arbitrator and has experience as arbitrator under the HKIAC, ICC, KCAB, and DIS Rules, and in ad hoc disputes. She is on the…
…Rules as Default Rules The National Code recognizes that references to arbitration rules in an arbitration agreement incorporate all the rules to the arbitration agreement (see Article 536). Absent an…
…an overview. Conditions Precedent The respondent filed for the annulment of an award rendered in an arbitration governed by the Dubai International Arbitration Centre (“DIAC”) Rules raising three grounds, all…
…can also be evidenced by the express incorporation of TPF in numerous institutional arbitration rules such as the 2021 ICC Arbitration Rules, 2017 SIAC Investment Arbitration Rules, 2018 HKIAC Administered…
…foreign arbitration rules or conducted under the auspices of an arbitration institution not located in Vietnam are considered to be foreign arbitrations (collectively, “FAs”).4)See Articles 3.11 and 3.12 of the…
…Large multinational corporations, with their long-term interests in host countries and stronger incentives to fight for the “rules of the game,” may not be dissuaded by such changes. The proposed…
…not only the VIAC’s Rules of Arbitration (2017) (“VIAC Rules”), but also Vietnam’s arbitration-related legislation. He also regularly lectures on commercial arbitration and sits as an arbitrator in both international…
…procedure therefore follows the very same rules applicable to judicial interim orders granted by Italian judges. The only difference relates to the court competent to oversee enforcement procedures. For judicial…
…relied on references from tax expert witnesses to the 2003 OECD Commentary to reach this finding. According to the Tribunal’s interpretation, the SOFD forms “part of the basic rules for…
…to resolve the current WTO dispute resolution mechanism crisis. The MPIA is based on Article 25 of the Understanding on rules and procedures governing the settlement of disputes (“DSU”). Among…
…was conducted under the UNCITRAL Arbitration Rules and involved a contractual dispute between Chevron Australia Pty Ltd (“Chevron”) and a joint venture between CBI Constructors Pty Ltd and Kent Projects…
…an annulment submitted by the claimant in an ICC arbitration (discussed in De Ly, Rules and Case Law on Tribunal Secretaries). The claimant alleged that the arbitrators had not devoted…
…the functioning of the ICC Court and its Secretariat, highlighting the key innovations in the ICC Court and the ICC Arbitration Rules (“ICC Rules”). Mr. Gustavo Scheffer da Silveira (Partner,…
…Civil Procedure No. 6100 (“CCP”) on the extension of the arbitration term is not a mandatory provision and, therefore, the parties are free to agree on the rules applicable to…
…SIAC (SIAC Rules 2016, Rule 39.1); (2) HKIAC (2018 HKIAC Administered Rules, Article 45.4); and (3) LCIA (LCIA Arbitration Rules 2020, Article 30.2). This may become material when the seat…
…intended to apply to arbitration proceedings. The Code contains a specific subset of rules in relation to arbitration (Part Six), as reminded by the supreme court. These rules are based…
