On January 25, 2023 the Grand Chamber of the European Court of Human Rights (ECHR) issued the preliminary decision in the case Ukraine and The Netherlands v. Russia where it…
…argued that Spain’s changes to the regulatory regime breached the fair and equitable treatment protections of the ECT. In particular, Eurus argued that the retroactive changes to the rules breached…
…discussing the new ICSID rules issued in 2022 and noted that ICSID hopes the new rules will bring greater transparency to proceedings. She also discussed several specifics of the new…
…the arbitration (lex arbitri). However, the responsibility for reviewing compliance with European public policy rules lies with the courts of the Member States and not with arbitrators, whether in the…
…parks. In 2015, Novenergia commenced arbitration against Spain in Sweden under the Arbitration Rules of the SCC Arbitration Institute (SCC Case V 2015/063). In the arbitration, Novenergia successfully argued that…
…system. Thus, unless the right safeguards are put in place, parties could theoretically make decisions that breach ethical requirements, such as the destruction of digital evidence, without the opportunity for…
…the 1976 Arbitration Rules of the United Nations Commission on International Trade Law (“UNCITRAL”) against the Republic of Mozambique (the “UNCITRAL Arbitration”). The arbitration was filed under the 2009 India-Mozambique…
…On 22 February 2013, the Swiss company stopped the payments it owed thereafter. Subsequently, the English company initiated arbitration under the Swiss Rules of International Arbitration. By award of 23…
…investors from EU and non-EU states which are parties to the treaty; no evidence was presented with regards to an unequivocal definition of “investment” under the ECT contrary to the…
After thirteen years, the Arbitration Center of Mexico (“CAM”), one of the most prominent arbitration centers in Mexico, revised its Arbitration Rules (the “Rules”). The purpose of these amendments is…
…proceedings were first brought in the Netherlands after 1 January 2015. According to the Court, taking into account that the transitional law provisions of the 2015 Act do not make…
…the perspective of a fair, informed, and reasonable third-party, taking into consideration all relevant circumstances. This test is arguably uniform across procedural rules, in an overwhelming number of jurisdictions including…
…and even rating them according to their legal strength, taking into account existing case law or witness statements. Predicting the aftermath of an award: As already mentioned above, ChatGPT can…
…an arbitration clause providing for arbitration under the ICC Rules seated in Singapore. The parties had not expressly agreed on the law governing the arbitration clause. While Singapore law allows…
…The post first gives an overview of the model clauses drafted by UNCITRAL, explaining the role played by the UNCITRAL Expedited Arbitration Rules (“Expedited Rules“). Then, it addresses UNCITRAL’s approach,…
…party, in the case the former did not make such appointment, was contrary to due process and to the appointment rules contained in Article 231 and 232 of the Chilean…
…it is not unreasonable to expect that the current and future increase in space activities will lead to a set of international rules dealing with outer space disputes in the…
…it was entitled to look for evidence of possible corruption in all the facts submitted to it, notwithstanding the reasons given by the arbitral tribunal in respect of those facts…
…to communicate safely and effectively and upload, share and print case materials, such as procedural decisions, pleadings and evidence, on an ongoing basis.” In 2021, the HKIAC also launched the…
In a recent decision, the Austrian Supreme Court ruled on the enforceability of an investor-state award rendered under the ICSID Additional Facility Rules. While the Supreme Court found that the…
…is, for instance, the case of the BAC investment arbitration rules). Another viable approach is the one adopted by the 2022 ICSID arbitration rules, which grant the tribunal – not…
…his genuine concern that arbitration is indeed reducing the workload and hence the judgments of his peers but I see no evidence that an increase of arbitral awards is impeding…
…Centre launched its new Rules of the Scottish Arbitration Centre 2022, which contain specific provisions on ‘Equality, Diversity and Neutrality’. Article 8.1 provides that “[i]n proposing or appointing any arbitrator…
…have reappreciated evidence and supplanted their own conclusions. On the other hand, in Delhi Airport Metro Express Pvt. Ltd. v. Delhi Metro Rail Corporation Ltd., the Indian Supreme Court cautioned…
