…unclear what Rules mean by “reciprocity”. The Rules state that for reciprocity, BCI would consider the Indian law firms and lawyers operating in the corresponding jurisdiction. For example, several Indian…
…its proceedings – even if that is before the court decision is rendered. This is because the closure of court proceedings bars further submission of evidence, and the court cannot…
…and (2) institutional capacity. Li posed the open question whether we need more institutions and bespoke rules to deal with BRI disputes. Existing institutions, such as HKIAC, CIETAC, ICC and…
…on a uniform set of rules amongst all states. As a result, the NYC does not refer to any specific set of rules, leaving it to each contracting state to…
…freely regulating is misleading. There is no empirical evidence of this alleged regulatory chill. As Samantha Rowe emphasized, the ECT is a neutral convention which applies to fossil fuel and…
…introduced rules with express reference to diversity. The discussion on ethnic and cultural diversity in international arbitration is by no means a ‘new’ conversation, with the topic being considered in…
…new stage. By now, states are working in the weeds on concrete reform proposals across a wide range of issues, from ethical rules for adjudicators, to the regulation of third-party…
…A Guide to the SCC Arbitration Rules, the rule should be applied restrictively. By agreeing to arbitration under the SCC Rules, the parties also “undertake to comply with any emergency…
…them through the lens of ICSID’s recently modernized rules and the reform of ISDS being undertaken in the European Union. The speakers offered their opinions, complemented by their own firsthand…
…in the arbitration agreement to shorten the phase of constituting the arbitral tribunal and thus increase the efficiency of arbitration proceedings. Based on historical evidence such as Roman law and…
…digital signature of awards and its implications for enforcement purposes, the evolution in the rendering of evidence and production of documents arising from technological advances, the benefits and disadvantages of…
…of China’s treatment of third-party funding in litigation and arbitration: PRC courts have taken a conservative and cautious attitude in reviewing funding companies taking stakes in litigation outcomes but have…
…Clause 20 of the Contract and a three-member panel composed by John Fellas, Adam Constable KC and Andrew White KC (the “Tribunal”), established under the arbitration rules of the London…
…arbitration under the UNCITRAL Rules, although, for some reason, the old 1976 rules and not the new ones, which notably include the transparency rules. Moreover, the parties involved in an…
…flexibility of procedure and availability of specialized procedural rules; (4) worldwide coverage of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) enabling cross-border recognition…
…contrary, the Court found that the decision of the Tribunal was grounded on principles and rules regarding compliance with contractual commitments that were consistent with rules under Colombian law on…
…additional considerations come into play: the award-debtor must provide “highly convincing” evidence that it is entitled to vacate that recognition and must show “why its conduct, as a matter of…
…the parties had agreed to resolve disputes arising from the contract by arbitration pursuant to the LCIA rules, that the parties had indicated English law as the governing law of…
…basis of proffered new evidence, including new testimony from Germany’s witnesses who now wanted to alter their testimony and a new exhibit: a coded message written in lemon juice in…
…these claims. In particular, it recognizes that although limitations to arbitration (such as in transparency and third party participation) exist, amendments have already been made to institutional rules to better…
…BIT itself, either as a principle of interpretation or by importation to the BIT of external rules as a matter of construction. Since the Second World War, a huge domain…
…by an arbitral tribunal in accordance with the Arbitration Rules of the German Arbitration Institute (‘DIS Rules’); and (ii) expressly references, or at least tacitly incorporates, the Supplementary Rules for…
…with the need for virtual hearings several Institutional arbitral tribunals have framed rules for conducting virtual hearings. He suggested that the arbitral institutions in India should also draft and adopt…
…accuracy of the work product can be addressed by requesting sources, as I discuss below. If applied to a closed and cyber-secure body of evidence,1)A closed system of evidence would…
