…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,…
…Defendants at Café Focaccia on 1st Avenue in New York City, Mera had signed a contract including a broadly-worded arbitration agreement (“Arbitration Agreement” or “Agreement”) governed by the Federal Arbitration…
…overcome them. One such barrier is linguistic discrimination and how the current use and perception of languages, even accents, in arbitration can create professional obstacles for representatives of diverse backgrounds….
…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…
…alleged that the insurer should have submitted its claims to arbitral jurisdiction due to the arbitration clause mentioned above, alleging that “the insurer was fully aware of the arbitration clause…
…And, if so, does arbitration have a uniform legal frame? Arbitration enjoys a large (though not unlimited) autonomy from national procedural law and is said to be detached from domestic…
…am contemplating starting a new course on ‘Investment Arbitration and Non-Investment Concerns’, which will build on the knowledge imparted in the IIA course. Diversity Challenge I undertook my LLM…
…by arbitral tribunals, the relationship between the judiciary and arbitration in Mexico, ESG considerations in arbitration, investment arbitration in Latin America, amici curiae in arbitral proceedings, diversity in arbitration, and…
From 29 May to 1 June 2023, Mexico Arbitration Center (“CAM”), the Mediation and Arbitration Commission of the Chamber of Commerce of Mexico City (“CANACO”), and the CAM/CANACO Young Arbitrators…
…post aims to critically analyze the current position of law around Section 31(3) of the Act. Legal Background The Indian arbitration jurisprudence did not always contain a requirement for…
…available remedies and how to action them. For example, under some IIA, pursuing local remedies will preclude international arbitration. Hire specialized legal advice to avoid unfavorable outcomes, especially regarding concession…
…HCMC Court held that the arbitration clause did neither specify a form of arbitration (i.e., ad hoc or institutional arbitration) nor which arbitration institution should administer the arbitration. Therefore, it…
…current institutional rules nor the 2020 IBA Rules on the Taking of Evidence in International Arbitration (IBA Rules) restrict the use of XR per se. Generally, under national arbitration legislation…
…ECT arbitration proceedings against various EU Member States including Spain, Italy, and Czech Republic in the mid-2010s, the European Commission started voicing its dissatisfaction with the ECT and calling for…
…of Commerce and Industry’s Rules on Impartiality and Independence of Arbitrators was adopted in 2010 (the “2010 Rules“). The Rules significantly contributed to establishing arbitration as a reliable way to…
…the way questions are framed and phrased by counsel in arbitration proceedings, and the fact that the purpose of factual witness testimony in international arbitration is not always about facts,…
…SCC Arbitration Rules 2023 The SCC Arbitration Institute has published revised versions of its Arbitration Rules which entered into force on 1 January 2023. Hanne AARSHEIM and David SANDBERG present…
…Rules, art. 14.1) and recognise the tribunal’s power to “emplo[y] technology to enhance the efficiency and expeditious conduct of the arbitration” (LCIA Rules, art. 14.6(iii)), and to “adopt suitable procedures…
…on the seat of arbitration, the seat of arbitration is presumed to be the Philippines.4)MC 8, Sec. 9. Parties are to refer their disputes to arbitration only after compliance with…
…continuing trend toward an increase in the “arbitration friendliness” of the Courts. Third, – as in previous years – the Polish arbitration market prefers institutional arbitration over ad hoc arbitration,…
…by this blog, speakers discussed the role and future of investment and commercial arbitration and mediation, international legal principles, and best practices in the field – providing a microcosm for…
…Selected Provisions The new law will progressively substitute the “old” arbitration law. Indeed, from April 24, 2023, the new law became immediately applicable for already constituted arbitral tribunals with regards…
