…to be governed by the applicable rules or by the instrument of consent. Additionally, the partition of the Code into two Codes one for arbitrators and one for judges is…
…Judgment opens the door for applying foreign non-arbitrability rules. However, it only permits application of non-arbitrability rules of the law governing the arbitration agreement. This is limiting and requires application…
…AI (for instance, preserving client data confidentiality and preventing the use of fake evidence). (Such issues are explored in further detail on the Blog here.) The second discussion was led…
…Sri Lankan students taking part in international moots, to pay forward and pave the way for other students to experience the life-changing effect of international moot competitions. The MCB has…
…which is not stamped or insufficiently stamped is invalid and cannot be relied on for evidence by a party. NN Global has far-reaching ramifications on all India-seated arbitrations where Stamp…
…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…
