The New York International Arbitration Center’s (“NYIAC”) annual Grand Central Forum took place on 13 July 2022. The event coincided with the 55th session of the United Nations Commission on…
…may not be identical concepts. Earlier investment protection treaties (or rules), however, typically impose no or few environment or climate change-related obligations on foreign investors. Climate change mitigation and adaptation…
…force of this Agreement. Notwithstanding paragraph 1, a claim may be submitted under an agreement listed in Annex 30-A in accordance with the rules and procedures established in the agreement…
…the CAS has already amended its rules to allow public hearings if the dispute is of a disciplinary nature (R57, CAS Rules 2021). Will public hearings also be mandatory in…
…consider many scenarios for possible consolidation under, inter alia, ICC and VIAC Rules. Do Principles of Equity Colour M&A Arbitration Jurisprudence? Next, Prof. Beata Gessel-Kalinowska vel Kalisz (GESSEL) made…
…II.2, II.3 and II.4 (regarding the moderation of the hearing, rules of etiquette and examination of witnesses and experts, respectively) provide a detailed set of rules and recommendations for the…
…2 ZPO is not applicable in an ICSID arbitration. a. The ICSID Convention Sets Up a Closed System of Procedural Rules Precluding Other Legal Remedies The court first established…
…Court of Arbitration under the UNCITRAL Arbitration Rules. The Claimants argued that this proceeding was distinct from the previous proceedings, as they brought claims related to Chile’s lack of compliance…
…consumer contracts of adhesion: In fact, with the enactment of the arbitration act, three rules came to coexist harmoniously with different degrees of specificity: (i) a general rule that binds…
…useful tool to increase the legitimacy of ISDS also explains the increased statutory recognition of amicus submissions in institutional rules (e.g. 2022 ICSID Rules, Rule 67; 2017 SIAC Investment Arbitration…
…time limits for the making of an award similarly go beyond existing arbitration rules, such as the 6 month limit in the ICC Rules 2021 (Article 31(1)) and UNCITRAL Expedited…
…the SFT extended the 7-day limit for filing a challenge ex R34 CAS Code to the fulfillment of the Appellant’s duty of curiosity, reasoning as follows: the rules of good…
…it may interrupt the proceedings. The new edition of the IBA Rules on the Taking of Evidence in International Arbitration 2020 includes the recently adopted Article 9(3) allowing the tribunal…
…rules’ prior content. Second, relatedly, VanIAC’s new international rules solidify its appeal as an administering arbitral institution for parties internationally. Those parties will benefit from the new rules’ express provision…
…of the Sea, the Rules of the ISA and other applicable standards of international law” (see Tuvalu’s law, section 94 or Nauru’s law, section 30(d)). Law of the sea tribunals…
…inclusion are currently the dominant forces in international arbitration and invited the panellists to address the audience on recent domestic court decisions as well as changes to arbitral rules, decisions…
…stakeholders participating in the UNCITRAL Working Group III (WG III). This evolving instrument, developed jointly by the ICSID and UNCITRAL Secretariats, is the first attempt to develop universal rules of…
…international disputes. Sure enough, only a few years later Ms Salomon found herself in Prague working on the seminal Saluka v. Czech Republic case. Ms Salomon had three pieces of…
…In the fourteenth negotiation round (8-10 and 14 June 2022) ‘proposals of individual Contracting Parties were considered in combination with rules on reciprocity among Contracting Parties as well as transition…
…decision. The Lithuanian decision once again confirms the end of the BITs era in Europe and turns to national courts as well as to the classic conflict of laws rules….
…arbitration rules and in most country’s arbitration rules. The requirement for arbitrators to disclose circumstances that may give rise to their partiality is opaque and uncertain. In the case of…
…referrals to arbitration proceedings, or do not meet certain other requirements to provide for a workable arbitration procedure, or contain a reference to non-existing arbitral institutions and/or arbitral rules, or…
…can also arguably be drawn from Rule 41 of the ICSID Arbitration Rules, which empowers a tribunal to consider questions of jurisdiction ‘on its own initiative’. Interestingly, at the negotiations…
…designate the body of principles and rules recognised by a State, which, by their nature, may bar the recognition or enforcement of an arbitral award rendered in the context of…
