2022 Year in Review: Africa
…first quarter of 2022 revealed that the number of arbitrations taking place in the continent, in comparison with those outside the continent, has increased. Despite the projections of a slow…
Search Results for: iba rules on the taking of evidence
Whose Side Are You On? Modification of the Dutco Principle by the French Supreme Court
…nominations and appointed all five tribunal members under Article 12(8) of the ICC Arbitration Rules. Subsequently, the ICC Court dismissed a disqualification application against the five arbitrators it had appointed….
2022 Year in Review: Switzerland (Part I: Arbitrator’s Independence and Impartiality, Enforcement)
…main developments in Swiss legislation and arbitration rules (Supplemental Swiss Rules and CAS Code). Arbitrator’s Independence and Impartiality a) Replacement Where Objectively Established Circumstances Give the Appearance of Bias…
2022 Year in Review: Switzerland (Part II: Revision, Treaty Shopping and Legislative Developments)
…2021) and on the concept of “treaty shopping”. In addition, Part II briefly summarizes the main developments in Swiss legislation and arbitration rules (Supplemental Swiss Rules and CAS Code). …
2022 in Review, Advance on Costs, Annulment, Applicable Law, Duty to Disclose, France, International Public Policy, Intra-EU Investment Arbitration
2022 Year in Review: Arbitration-Related Developments in France
…the arbitrator’s previous assessment and reasoning and is not limited in its review “to elements of evidence produced before the arbitrators”. It then noted that the Court of appeal had…
Arbitration Tech Toolbox: Cross Examination? There’s an App for That
…norm wherever budget allows; and electronic presentation of evidence (EPE) is frequently used in cross-examinations. These technologies have changed the way in which we present evidence – but technology also…
Crimea as Russian Territory for the Purposes of the Russia-Ukraine BIT: Consent v. International Law?
…BIT provision. Article 31 of the VCLT provides that relevant rules of international law applicable in the relations between the State Parties must be taken into account for the interpretation…
2022 in Review, Canada, Commercial Arbitration, Insolvency, Recognition and enforcement of arbitral award
2022 Year in Review: Commercial Arbitration in Canada
…arbitration rules in 2022) will be co-hosting the 2023 ICCA conference. * The views expressed herein are those of the authors and do not necessarily reflect the views of…
2022 Year in Review: Canada and Investor-State Dispute Settlement
…wind power project. The tribunal found insufficient evidence that Tennant benefited from an “oral trust” or that Tennant’s principal controlled the investment. Moreover, the tribunal did not find evidence that…
Joining the Positive Trend: Lessons from Hungary on Pathological Arbitration Clauses
…consistent with the will of the parties. They argued that the incorporation of the ICC Rules also contradicted the mandatory rules of the lex arbitri, as the Rules state that…
2022 Year in Review: Widening the Human Rights Aperture for ISDS
…Hague Rules. The notion of human rights-specific arbitration rules remains attractive for rightsholders, but only time will tell if the Hague Rules will be incorporated in transnational commercial agreements and…
Supreme Court Blocks Ireland Ratifying CETA
…under the ICSID Convention and Rules, leading to an ICSID Convention award enforceable in Ireland under s.25 Arbitration Act, with High Court leave. Other claims lead to a New York…
2022 in Review, ECT Modernisation, Energy Charter Treaty, ICSID, ICSID Amendments, ICSID Arbitration, ISDS Reform, UNCITRAL
2022 in Review: Institutional and Structural ISDS Reforms
…It highlights the progress of such reforms and looks ahead to what 2023 and beyond might bring. ICSID 2022 Rules On January 2022, ICSID submitted its amended rules to…
The Development of International Aviation Arbitration
…rather than dispute resolution before the ICAO Council. Such arbitral panels have the discretion to set the rules of jurisdiction and procedures. These rules typically provide that parties are bound…
The African Arbitration Academy’s Model Bilateral Investment Treaty for African States
…their arbitration rules to include emergency arbitration provisions. For example, Art. 29 and 30 of the ICC rules. References[+] References ↑1 Mungi Ngomane et al., Everyday Ubuntu: Living Better Together,…
Enforcement of an award that was set aside, Intra-EU Investment Arbitration, Intra-EU ISDS, New York Convention
Can The European Union’s Approach towards Intra-EU Investment Arbitration Cases Be Considered Merely a Local Standard of Annulment?
…of the CJEU in PL Holdings and set aside an arbitral award (which was rendered by a tribunal seated in Stockholm under the Arbitration Rules of the Arbitration Institute of…
Global Perspectives on Teaching International Investment Arbitration: Teaching International Investment Arbitration in the Global North and the Global South
…and the constitution of the arbitral tribunal; any provisional, interim, or emergency arbitrators; the design of fact-finding procedures and evidence–taking (including whether depositions, written interrogatories, or other modes of discovery…
2022 in Review: The United States Supreme Court and Arbitration
…nations.” As the Blog reported earlier, the commercial arbitration tribunal at the center of ZF Automotive, which was constituted pursuant to a contract under the German Arbitration Institute (DIS) Rules,…
2022 in Review: Latin America and Investment Arbitration
…2022. We discuss these major developments below. Modernization and Cooperation On July 1, 2022, ICSID issued its 2022 Arbitration Rules with important changes that included an expedited proceeding to…
Young Arbitrators Sweden (YAS) Arbitration Day 2022 Recap: the Goose that Laid the Golden Egg
…about building a case. The preparation of a case was divided into three distinct but somewhat overlapping phases. Key pointers included to allow for sufficient time to gather the evidence,…
Navigating UK Sanctions Against Russian Persons in International Arbitration
…in relation to binding arbitration clauses in furtherance of the rule of law“. This licence will cover all cases administered on the basis of the LCIA Rules. An individual licence…
2022 SOAS and AAA Surveys on Arbitration in Africa
…arbitration over institutional arbitration in the AAA Survey, it should be examined if ad hoc arbitration results in lengthy disputes. On the other hand, institutional rules can set a deadline…
2022 Year in Review: “Wake Up, The War Has Begun”
…on heads of Ukrainians. Missiles destroying Ukrainian cities and taking people’s lives. Each Ukrainian will always remember his or her “Wake up, the War has begun”. Each Ukrainian will never…
KluwerArbitration ITA Arbitration Report, Volume No. XXI, Issue No. 1 (January 2022)
…claimant’s third-party funder violated the confidentiality requirement under the arbitration rules. The PRC court rejected this argument and gave detailed reasoning on TPF’s impact on confidentiality of arbitration seated in…