As Latin America welcomes left-leaning political regimes, the region’s regulatory landscape undertakes an increasingly uncertain state for foreign investors. In terms of cross-border investment dynamics, Latin America’s history has demonstrated…
…not required to apply the rules of evidence of any applicable law in making such determination.”3)LCIA Arbitration Rules 2020, Article 22.1.(iv) also allows the Arbitral Tribunal to order any party…
…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…
…refers to the withdrawal of the Union and does not mention the withdrawal by individual EU Member States, as that process would be subject to the applicable domestic rules. Therefore,…
…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…
…especially when it comes to the preparation of fact witnesses for hot-tubbing. Third, while most institutional rules, such as Article 8.3(f) of International Bar Association Rules, are broad enough to…
…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…
…speedy and judicious disposition of cases.14)MC 8, Sec. 24. The pertinent provisions of the ADR Act and its implementing rules and regulations, the SEC Rules of Procedure, and the Special…
…inherently competitive, with clear rules and objectives that players must strive to achieve. They offer a level playing field where skill and strategy can triumph over luck or chance. Furthermore,…
…include both institutional reforms (ICSID rules reform, UNCITRAL technical notes, and more) and grassroots research such as discussions with institutions, stakeholders, hi-tech companies’ general counsels and external counsels who expressed…
…Mediation, and the UN Convention on Contracts for the International Sale of Goods), prepares legislative guides, publishes rules for arbitration and mediation, and is currently working on two model laws….
…Rules and the Chartered Institute of Building Set of Rules which also have specific rules regarding integrity. He likewise related the difference between the US and UK in terms of…
…jurisdictions; however, most jurisdictions lack any rules concerning the intersection of arbitration and insolvency. Relevant rules in this regard are generally found in national insolvency laws, which set different limitations…
…for Settlement of Investment Disputes (ICSID) Convention and Additional Facility Rules since 1966, only three appointments of ad hoc committee members (and no appointments of arbitrators or conciliators) have been…
…are typically bound by their ethical rules irrespective of the place of arbitration or the substantive law of the dispute, any AI-related guidance or rules issued by their regulation authority…
…US$ 3.4 trillion and boost income to US$ 450 billion by 2035. Under Article 20 of the AfCFTA, a Protocol on Rules and Procedures for the Settlement of Disputes was…
…the validity and scope of an arbitration agreement before an arbitration had taken place and therefore applied English common law rules to the analysis of the law governing an arbitration…
…other side of the laissez-faire’s rules that held sway in the 19th century. As a matter of fact, the Brazilian Constitution confirms this principle by guaranteeing access to justice for…
…relevant to disputes concerning contract formation, as distinct from disputes concerning contract validity. In the case of the former, (i) usual contract formation rules must be satisfied because if there…
…the Rules of Proceedings of the HCAC from 2023, expressly codifying this principle. The panelists agreed that, in terms of transparency, dissenting opinions should share the fate of the award,…
…(sec. 1050 ZPO)), and establishing rules on enforcement of interim measures granted by arbitral tribunals (sec. 1041 (2-4) ZPO). It is against this background that the White Paper rightfully focuses…
In recent years, there has been a significant increase in IP cross-border disputes, including in non-traditional sectors. The Korean Commercial Arbitration Board (“KCAB”), which is the sole arbitral institution in…
…ICC’s global prominence, Abdullajonova explained that the ICC has enjoyed increased use in Central Asia because of the diversity of its dispute resolution tools. The ICC Rules provide that the…
