11th ICC Brazilian Arbitration Day: 100 Years of the ICC Court
…the country. In other words, a strong evidence of the country’s risen role in the international market. This outcome, of course, was a result of the restless work done my…
Search Results for: iba rules on the taking of evidence
Typography in Arbitration: An Underused Advocacy Tool?
…with a plethora of suggestions (although sometimes worded as sacrosanct rules) for improving the typography of your legal writing. The above selection of suggestions presents merely a fraction of what…
Arbitration Agreement, Australia, Competence-Competence, Jurisdiction of the arbitral tribunal, kompetenz-kompetenz
Kompetenz-Kompetenz: Should the Arbitral Tribunal Exclusively Determine Whether a Right to Arbitrate Has Been Waived?
…Service through its use of user data. Instagram’s 2013 Terms of Service provided for arbitration pursuant to the American Arbitration Association’s rules for arbitration of consumer related disputes. The terms…
2023 PAW Recap – Day 5: YSIAC – Witness Evidence and Preparation in International Arbitration: Cross-Cultural Perspectives
…could not find any evidence of a witness taking their oath. Ms. Shahdadpuri thus advised caution regarding the taking of oaths in arbitrations in the Middle East, especially in the…
2023 PAW Recap – Day 5: The Power of “Proportionality” – A Sleeping Giant of a Concept in Investment Arbitration?
…and proxy rules (primary rules surrogating the content of FET). The usage of proportionality has been able to grow because it is a diagnostic tool and a method of analysis…
2023 PAW Recap – Day 3: Arbitrating Renewable Energy Disputes in the CEE Region
…storage of energy since renewable energy requires new structures and grids to be adapted to this new type of energy. Taking the example of off-shore wind energy, Jurriaan Kien referred…
2023 PAW Recap – Day 4: Spotlight on Hong-Kong: Innovations in International Arbitration
…applying to all third-party funders who fund arbitrations “taking place” in HK. This Code of Practice sets out that (i) there must be the informed consent of the funded party,…
2023 PAW Recap – Day 3: Provisional Measures in International Arbitration: Strategic Lessons From Recent Practice
…not prejudge the merits (e.g., measures aimed at preservation of evidence or production of documents or security for costs). According to Sébastien Besson, the notion of provisional measures has evolved…
2023 PAW Recap – Day 2: Striking a Sustainable Deal: Balancing State Responsibility and Investor Rights in Mining
…in BITs. Corruption As explained by Ms. Adekoya San, the use of evidence of corruption as a bar to a claim has evolved in international arbitration. From a jurisdictional…
2023 PAW Recap – Day 2: Resource Nationalism in Investor-State Arbitration
…Webb explained that both States and investors can be under pressure. Taking the example of pollution issues, Mr. Webb explained that where the contract is silent on the matter, the…
International Investment Arbitration, Investment Arbitration, Investment Disputes, Paris Arbitration Week
2023 PAW Recap – Day 1: In Conversation with Meg Kinnear, Toby Landau KC, and Prof. Alain Pellet on the Future of Investment Arbitration
…contemplated the near future of the investment arbitration system. Near Future – New ICSID Rules and Regulation of Double-Hatting The panel took the new ICSID Rules and the regulation of…
Take-Aways from the 1st ICC Argentine Arbitration Day 2023 (Part I)
…and cost-efficient process, taking advantage of the flexibility provided by arbitration rules and practices. Arbitral tribunals should analyze the details of the claims as soon as possible to provide an…
Take-Aways from the 1st ICC Argentine Arbitration Day 2023 (Part II)
This post continues the coverage of the 1st ICC Argentine Arbitration Day 2023 that is available in Part 1. Panel III – Debate on Economic Sanctions: A High Impact…
The IBA Guidelines on Conflicts of Interest: Time for a Relook?
…the integrity of the arbitral process. The International Bar Association (“IBA”) Guidelines on Conflicts of Interest in International Arbitration (“IBA Guidelines”) provide disclosure requirements and guidance on evaluating conflicts of…
What To Expect When You’re Expecting Spanish Insolvency
…shall be heard by the courts competent in accordance with general rules of attribution of objective jurisdiction. For international disputes, general conflicts of laws rules on international jurisdiction applicable to…
Interviews with our Editors: In Conversation with Giorgio Sassine, Co-Lead of the 2023 California International Arbitration Week (CIAW) Joint Planning Committee
…also the home to the likes of Walt Disney, Chevron, and AECOM, all leaders in their respective businesses. And, we are taking steps further, with the advancement of self-driving cars…
California International Arbitration Week 2023: Discussion on Opportunities and New Trends in the US to Asia-Pacific Practice
…into creating initiatives to harmonize approaches of common law and civil law systems by enacting the UNCITRAL Model Law and the International Bar Association’s soft law rules on procedures catering…
California, California International Arbitration Week, Contract Drafting, Technology, technology industry
California International Arbitration Week 2023: The Future of California Arbitration and Best Practices for Drafting Technology Disputes Clauses
…on the procedural rules and process that they consider most appropriate, including expedited proceedings or recourse to an emergency arbitrator. Effective Arbitration Clauses and Important Pitfalls to Avoid The…
Investment Arbitration, Investor-State arbitration, ISDS, ISDS Reform, UNCITRAL WG III Series, UNCITRAL WG3 Series
Selection and Appointment of Members to a Standing Multilateral Investment Tribunal: An Update
…highest governing body of the Tribunal would be the Committee of the Contracting Parties, empowered to adopt the rules of procedure for the Tribunal and appoint a selection panel (which,…
The Answer My Friend… Is Blowing In The Wind: ESG in EU-Related Supply Chains
…to expressly agree in the arbitration agreement on the number of arbitrators, the language of arbitration, the applicable rules of evidence (e.g. the IBA Rules on the Taking of Evidence,…
The Contents of Journal of International Arbitration, Volume 39, Issue 6 (December 2022)
…flags, in the absence of counterevidence or sufficient evidence to rule out the plausibility of the risk, authorizes arbitrators to apply negative inferences vis-à-vis the suspicion of corruption. Gary…
Where Efficiency and Sustainability Meet: A Model Clause to Align In-House and External Counsel on Carbon Emissions Reduction
…one, parties may begin taking steps to prepare, including by conducting a preliminary cost/benefit analysis, gathering and reviewing documents, interviewing witnesses, identifying and meeting with potential experts, meeting to confer…
Checking in on the OIC Investment Agreement: New Arbitrations, But Slow Progress on Creating A Permanent Dispute Settlement Mechanism
…Agreement’s MFN clause to import UNCITRAL Rules in other BITs where the Secretary-General of the Permanent Court of Arbitration (“PCA”) is the appointing authority. He has done so on several…
Global Perspectives on Teaching International Investment Arbitration: Dealing with Analogies in International Investment Law and Arbitration Courses
…of a textbook (Rules and Practices of International Investment Law and Arbitration) and of a MOOC, in practice-oriented trainings for professionals, or in masters programs. This post builds on this…