“I love my job”: An Ode to SCC Emergency Arbitration
…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…
Search Results for: prague rules
Studying International Investment Treaties and Investor-State Disputes through a Central Asian Lens
…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…
Third Party Funding in Litigation and Arbitration: A Dichotomy in China’s Practice
…support had breached the laws and arbitration rules and whether it had hampered the impartiality of the arbitral tribunal. The courts first held that there was no reasonable legal basis…
Caribbean, Challenge of Arbitral Award, Public Interest, Set aside an international arbitral award, Trinidad & Tobago
Judicial Intervention in Trinidad Award Considered: Crossing the Line?
…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…
BIT, Colombia, International dispute resolution, International Investment Arbitration, International Investment Law, Investment agreements, Investment protection, Latin America, Venezuela
The Venezuela-Colombia BIT: An Original Development of Uncertain Impact
…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…
In Praise and Criticism of Arbitration as a Means of Resolving ESG Disputes
…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…
Colombia’s Supreme Court of Justice: Recent Decisions on Recognition and Enforcement of Foreign Awards
…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…
Arbitration Agreement, Korea, Law governing the arbitration agreement, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Proper law of arbitration agreement
Governing Law of the Arbitration Agreement: A Korean Perspective
…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…
The Contents of Journal of International Arbitration, Volume 40, Issue 1 (February 2023)
…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…
The Contents of Journal of International Arbitration, Volume 40, Issue 2 (April 2023)
…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…
KluwerArbitration ITA Arbitration Report, Volume No. XXI, Issue No. 3 (March 2022)
…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…
Inaugural Delhi Arbitration Weekend 2023: The Weekend of Arbitration Debates
…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…
11th ICC Brazilian Arbitration Day: 100 Years of the ICC Court
…of arbitral awards, while: (ii) creating uniformized rules for arbitration, (iii) ensuring adequate decisions on challenge of arbitrators, and (iv) developing projects in the region. Well, if the past was…
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
…as noted by Khushboo Shahdadpuri. She explained that in the most recent guidance provided by the Singapore Court of Appeal, three rules of thumb ought to apply to taking witness…
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 4: Spotlight on Hong-Kong: Innovations in International Arbitration
…Ordinance: “[a]ny emergency relief granted, whether in or outside Hong Kong, by an emergency arbitrator under the relevant arbitration rules is enforceable in the same manner as an order or…
2023 PAW Recap – Day 3: Provisional Measures in International Arbitration: Strategic Lessons From Recent Practice
…from being limited to the protection of the substantive rights in dispute, to the protection of the arbitration itself, which is expressed in Article 26.2 of the 2010 UNCITRAL Rules….
2023 PAW Recap – Day 2: Resource Nationalism in Investor-State Arbitration
…Agreement will likely trigger new cases and new questions of interaction between these rules. Melissa Gorsline noted that resource nationalism is always happening somewhere in the world. It is certain…
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…
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…
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…