ICCA Edinburgh 2022: Haste Ye Back! Reasons to Return to Scotland
…Our Rules It is possible to seat an arbitration governed by any set of institutional rules (or none) in Scotland (and indeed we at the Scottish Arbitration Centre encourage you…
Search Results for: prague rules
ICCA Edinburgh 2022: “Arbitration’s Age of Enlightenment”
…discussion on the practicalities of applying data protection rules during an arbitration, using practical examples from the Roadmap. Finally, on the third Congress day (Wednesday 21 September), the co-editors of…
Courts, Domestic Courts, Interviews with Our Editors, National Courts, New York Convention, Pacific Islands, Tonga, UNCITRAL Model Law
Interviews with Our Editors: Lord Chief Justice Hon. Michael H. Whitten KC, Supreme Court of Tonga
Lord Chief Justice Hon. Michael H. Whitten KC has been the Lord Chief Justice of the Kingdom of Tonga since 2 September 2019. After gaining early broad experience in various…
Same Proposition, Different Outcome? Need for Harmonization for Evidentiary Standards
…LCIA Rules, and Prague Rules (which generally avoid document production, see art. 4.2) are all silent as to privilege. None of these rules, including the IBA Rules, specify what is…
UAE Court Rejects Enforcement of Foreign Arbitral Award for Irregularity in the Placement of the Arbitrator’s Signature and Confirms the Period for Appealing an Order to Execute Foreign Arbitral Awards
…the reasons, in order for it to be enforceable. Procedural Background The arbitration award, which was issued under the ICDR-AAA Rules, arose from a dispute under a non-disclosure agreement…
Contractual Disputes between the International Seabed Authority and Deep Seabed Mining Contractors: an International Investment Law of the Sea?
…very limited circumstances. Furthermore, rules of uniform treatment, reasonableness, and proportionality constrain the ISA’s powers. This blog post will assess the interplay between the ISA’s regulatory powers and the private…
The Jordanian Court of Cassation Upholds the Validity of an Arbitration Clause in a Distribution Agreement
…local courts with exclusive jurisdiction to rule on disputes between agents/distributors and principals. Such exclusive jurisdiction rules prevent derogation from the jurisdiction of local state courts in favor of foreign…
Document Production Outside the Seat: Looking Beyond SCOTUS’s Interpretation of 28 U.S.C. § 1782
…laws and rules that are more favorable for foreign parties seeking evidence, as it only sets a minimum standard. On the other hand, some jurisdictions may have stricter rules than…
The Contents of the ASA Bulletin, Volume 40, Issue 2 (June 2022) – and a glimpse at Volume 40, Issue 3 (September 2022)
…Arbitration Association – A Swiss Perspective Alexandre LAUTE offers a “Swiss” perspective on the arbitration rules of the 2021 Nordic Offshore and Maritime Arbitration Association by comparing these rules with…
Possible Changes In Arbitrating Against The Chilean State: Lessons Learned from Bolivia
…Constitution sets forth a general rule that excludes the possibility of investment arbitration under international arbitration rules (with some exceptions, such as sunset clauses). Article 320 provides that: “All foreign…
Arbitral Freedom and Judicial Restraint: Iura Novit Curia in Gol Linhas Aereas SA v MatlinPatterson Global Opportunities Partners (Cayman) II LP and Others
…the ICC Rules. The important decision is wide-ranging in its analysis of issue estoppel, the proper approach of the English and Cayman Island courts to construing Article V of the…
Arbitration Act, Arbitrator Challenges, Arbitrator Selection, Brazil, Brazilian Arbitration Act, Conflicts of interest, Debate, Disclosure, double hatting, Independence and Impartiality, judicial reform, regulation
The Newest Proposal to Amend the Brazilian Arbitration Act: A Threat to Arbitration in Brazil?
…Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration). Also, CAM-CCBC’s draft 2022 arbitration rules contain a provision authorizing the publication of excerpts of awards. However,…
Kluwer Arbitration ITA Arbitration Report, Volume No. XX, Issue No. 11 (August 2022)
…if the applicable arbitration rules (here: the former CAS rules) do not provide for the right to request a public hearing. The reason is that in case of such a…
Central Asia, Challenge of Arbitral Award, Court Assistance, Interim measures, Recognition and enforcement of arbitral award, Suspension of Proceedings, Termination, Uzbekistan
A Clearer Roadmap for Arbitration: Uzbekistan Enacts Helpful Legal Reforms
…sections. Section 1 (Articles 2321 to 2324) regulates the general rules for consideration by Economic Courts in cases related to the provision of assistance to arbitration proceedings. Section 2 (Articles…
Interpreting Away Treaty Conflicts? Green Power, ISDS and the Primacy of EU Law
…where the two apparently conflicting rules can be reconciled (Pauwelyn, at 272). This was not the situation in Green Power, however, where two rules plainly clashed: Article 26(3)(a) required Spain…
How Far Goes the Deadline for Vacating an Arbitral Award? A Brazilian Perspective
…forth in the BAL and in the applicable arbitration rules – in that case, the ICC Arbitration Rules. However, the Court concluded that the second motion for clarification filed in…
KluwerArbitration ITA Arbitration Report, Volume No. XX, Issue No. 10 (July 2022)
…Kong International Arbitration Centre (HKIAC) In this case, HKIAC decided on a prima facie basis to proceed with the arbitration under the 2018 HKIAC Administered Arbitration Rules (“2018 Rules”) in…
Towards Greater Efficiency in Document Production
…Rules on the Efficient Conduct of Proceedings in International Arbitration (the “Prague Rules”). The Prague Rules offer an alternative to the IBA Rules and were designed to provide a civil…
Anti-suit Injunctions Against Sovereign States: The English High Court Weighs In
…the absence of a recognised rule of customary international law, the domestic rule is compatible with article 6(1) if it is within the range of possible rules consistent with current…
KluwerArbitration ITA Arbitration Report, Volume No. XX, Issue No. 9 (July 2022)
…Industrial Steel Construction, Inc. (“ISC”) to fabricate structural steel for the bridge. In their contract, they agreed to submit any disputes to arbitration under the AAA Construction Industry Rules, and…
Arbitration Framework in Andorra: A Recent Law and a New Arbitration Institution
… The ATPA Arbitration Rules The ATPA Arbitration Rules have been adopted by the Assembly and are in force since January 2021. Short and modern with only 27 provisions, they…
GSI v. Canada: Old Problems and New Take-Aways concerning Counsel Conflicts
…the UNCITRAL Rules, to determine that it had jurisdiction to decide the request for disqualification. Both NAFTA and the UNCITRAL Rules grant arbitral tribunals broad discretion to conduct the proceedings…
Admissibility of Third-Party Funding in Arbitration Proceedings in Serbia: A Search for a Definitive Answer
…this Act, we must direct our attention to the arbitration rules of the major arbitral institutions in Serbia. Presently, both the Rules of the Belgrade Arbitration Center and the Rules…
ECT Modernisation, Environment, ESG, EU Law, Investment Arbitration, Investment Disputes, Investment law, Investor-State arbitration, ISDS Reform
ECT Reform: The Final Countdown
… 3. Transparency in Dispute Settlement The modernized ECT intends to provide for enhanced transparency in the conduct and outcome of proceedings. It incorporates the 2014 UNCITRAL Rules on Transparency…