Building the Case for Family Business Arbitration in the GCC Region
…prevalence of arbitration in the region, it is odd that no arbitration institution in the GCC has specific rules for FBD. This is all the more surprising when the speed…
Search Results for: prague rules
Arbitral Appointments, Arbitration Institutions and Rules, Asia-Pacific, Interviews with Our Editors, New Zealand, Statistics, UNCITRAL Model Law
Interviews with Our Editors: Nicole Smith, Vice-President of AMINZ
…of arbitration rules was issued by AMINZ on 1 January 2022. The Rules adopt an “institution light” approach. If the parties need assistance with appointing the tribunal or to deal…
“I Can See Clearly Now the Rain Is Gone…” U.S. Supreme Court Definitively Holds that Section 1782 Does Not Permit Discovery Assistance from U.S. Courts for Private Foreign or International Arbitrations
…under the auspices of a private arbitral institution pursuant to private arbitration rules. “No government is involved in creating the DIS panel or prescribing its procedures. The adjudicative body therefore…
How Should the United States Supreme Court Have Decided in the Controversy over 28 U.S.C. § 1782(a)?
…cases, holding that neither the DIS tribunal in ZF Automotive, nor the ad hoc BIT tribunal under the UNCITRAL arbitration rules in AlixPartners falls within the scope of §1782. To…
The Intersection of International Arbitration and Sustainable Development: Perspectives from Sarajevo
…with dispute resolution (such as the consistency of awards, costs and duration of the proceedings and ethical rules for ISDS adjudicators), the discussion of substantive issues, including SDG concerns, remains…
Textual, Contextual, Good Faith, or Common Intent: The Need for a Baseline for Evidentiary and Interpretative Standards in International Arbitration
…Conduct of Proceedings in International Arbitration (“Prague Rules”) as a response to what was seen as the common law assumptions underlying the IBA Rules on the Taking of Evidence in…
LIDW 2022: States as First-Class Citizens?
…IBA Rules on the Taking of Evidence in International Arbitration support this with a specific provision enabling the exclusion of evidence where there are grounds of special political or institutional…
ICSID, ICSID Amendments, ICSID Proceedings, International arbitration, Investment Arbitration, Third party funding
New ICSID Arbitration Rules: A Further Step in The Regulation of Third-Party Funding
…(Article 44), the BAC investment arbitration rules in 2019 (Article 39), the CAM arbitration rules in 2020 (Article 43), the ICC arbitration rules and the VIAC investment arbitration rules in…
A Controversial Turkish Precedent on Arbitrators’ Jurisdiction on Claims Initiated Through Bankruptcy Proceedings?
…in completing the work. The parties agreed their disputes to be resolved by arbitration in accordance with the Rules of Arbitration of the Istanbul Chamber of Commerce Arbitration and Mediation…
The Russian Ruble Decree-Crisis: Can European Gas Buyers “Pay in Rubles without Paying in Rubles”? What May Be the Consequences if Not?
…of the rules explicitly targets supplies of Russian natural gas as such. Nevertheless, as a consequence of the Regulation’s general language, some sanctions now may as well affect natural gas…
ICSID, ICSID Amendments, ICSID Arbitration, International dispute resolution, Investment Arbitration, Investment Disputes, Investment law, Uncategorized
Some Highlights of the Amended ICSID Arbitration Rules
…Rules prominently include the rules of procedure for arbitration proceedings initiated under the constituent treaty of ICSID, the 1965 Convention on the Settlement of Investment Disputes Between States and Nationals…
Breaking Traditions in Favor of German Efficiency? Frankfurt As a “Safe Seat” for International Arbitration
…always free to choose the rules that they prefer when selecting Frankfurt as the seat of arbitration (such as the ICC Rules or the DIS Rules). Regarding the latter, the…
Arbitration Tech Toolbox: Interview with Dr. Nikos Lavranos and Ewa Cairns-Szkatuła on the Wolters Kluwer Data-Driven Profile Navigator and Relationship Indicator Tools
…by Topic or Quick Answers cover, among other arbitration steps, the appointment and challenge of an Arbitrator, including the opportunity to compare by jurisdiction or institutional rules. An advantage of…
KluwerArbitration ITA Arbitration Report, Volume No. XX, Issue No. 7 (May 2022)
…right to annul an award has been ratified by law. The ICC Rules have the force of law. Implied waiver of the right to object to any irregularity of the…
Who is Bound by an Arbitration Agreement? A Conflict of Laws Analysis in Lifestyle Equities v Hornby Street
…is bound by it. This post will further analyse these views, arguing that the divergent reasoning highlights the fraught issue of characterisation under the English choice of law rules, and…
The 2022 Agreement between Mainland China and Macau: Judicial Interim Measures in Support of Arbitration in the Pearl River Delta
…civil procedural rules of the other jurisdiction. Further, applications for court-ordered interim measures must be processed as expeditiously as possible. In addition, subject to the applicable local legal requirements in…
Interviews with Our Editors: Professor Hi-Taek Shin, Chairman of KCAB INTERNATIONAL
…As you have mentioned, the KCAB International Arbitration Rules (“KCAB Rules”) were revised significantly in 2016 to include, among other things, an emergency arbitration procedure, joinder and consolidation provisions and…
Africa Arbitration Academy: Survey on Costs and Disputes Funding in Africa
…also expected that arbitral institutions and governments in Africa will find the survey useful when establishing or revising their rules in relation to costs and disputes funding. The full…
Arbitration Institutions and Rules, Case Management, Ecuador, Institutional Arbitration, Interview of our editors, Interviews with Our Editors, Latin America, Uncategorized
Interviews with Our Editors: In Conversation with Patricia Vera, Director of the Center for Arbitration and Mediation of the Ecuadorian-American Chamber of Commerce (CAM-AMCHAM Ecuador)
…our new Rules, which entered into force on January 1, 2022. These Rules follow an innovative approach which allows to maintain more flexible arbitrations and at the same time provide…
LIDW 2022: London: Leading or Lessons to be Learned?
…rendered a 600 pages judgement, reflecting an incredible feat and an attention to fairness that only London could offer. Second, the flexibility of the LCIA rules was considered unique. In…
LIDW 2022: London as an International Disputes Hub for Dubai, UAE and Region Disputes: is it Still Safe to Arbitrate in Dubai, and Other Hot Topics
…it brings to the UAE jurisdiction. They view the unification of Dubai’s different arbitral institutions under the umbrella of an improved DIAC with a revised set of arbitral rules and…
New Arbitration Rules For The Economic And Monetary Community of Central Africa (CEMAC)
…the CEMAC Arbitration Rules), which is also different from the pattern in the majority of other arbitration rules. For instance, under Article 15 of the Arbitration Rules of the OHADA…
Fine line? A New Case on Arbitrators’ Power to Impose Sanctions
…concluded that, under the ICC Rules, in the absence of an agreement by the parties to the contrary, the arbitral tribunal has the power to impose sanctions.3) See, for example,…
When an Unplanned Flight to Canada Lands You in the Paris International Court of Arbitration
…in accordance with its Rules, which the parties declare that they know and accept.4)See para. 17 : “Toute contestation survenant à l’occasion du présent avenant et de ses suites fera…