…data was copyright-protected as evidence that even the respondent recognised the data under its domestic law to be the claimants’ property. The coverage of assets by host States’ law on…
…1 January 2013, CEPANI introduced new arbitration rules. On 1 September 2013, a new Belgian arbitration law entered into force. And last but not least, b-Arbitra was launched. Ten years…
…laws. An alternative may be for institutional rules to provide clarity by in effect mandating outcomes such as those provided for under the Foreign Limitation Periods Acts. However, while technically…
This two-part blog post discusses applicable limitation laws, i.e., legislation purporting to limit the time period within which claims in international commercial arbitration proceedings must be commenced (Limitation laws). It…
…most professional rules, which an arbitrator (subject to their profession) may be bound by, dictate certain standards of professional conduct, including ethical standards, there are no such rules when it…
…determination as to its jurisdiction. If the Law Commission’s proposals are implemented, this will essentially result in the taking away of the court’s extensive power under section 67 following Dallah….
…is credible evidence of a physical occupation”. This is the power of video evidence, the closest representation to the truth. Until now, at least. As artificial intelligence rises, tribunals are…
…The first question that arises is whether the conduct of the Centre may lead to international responsibility of Türkiye under the rules of attribution. The second question is whether the…
…documentary and oral evidence. Ms Kwan noted that cultural behaviour can impact the interpretation of evidence – for example, accounting information and sales in a post-M&A dispute which required knowledge…
Following the morning session which explored the geopolitics of international arbitration, the next generation of dispute resolution and the freshly-minted draft SIAC Rules (see Part 1), the afternoon session probed…
…These sessions were followed by two panel discussions on the next generation of disputes in international arbitration and the draft 7th Edition of the SIAC Rules (“Draft SIAC Rules”) in…
…of the arbitration process. If parties facing the same dispute, without newly discovered material evidence or facts, were to be entitled to challenge the validity of the arbitration agreement, it…
…practice as arbitrator six years ago, only two women had given expert evidence before her. She hoped more women would be given opportunities to give evidence, noting that many expert…
…discussions during the colloquium. Applicable Law and Choice of Courts in Metaverse Disputes As Azaria and Asso explained, there are no uniform rules of law at the international level…
…vote. If there is no majority agreement, the vote of the president of the arbitral tribunal shall prevail.”). The arbitration rules chosen by the parties conferred similar powers upon the…
…Rules, which consolidated the PCA as the main forum for proceedings conducted under such rules. The peak of Bilateral Investment Treaties (BITs) and Multilateral treaties incorporating arbitration clauses referring to…
…and the new Arbitration Act entered into force, the lawmaker introduced special provisions for litigations and arbitrations started on the basis of a PCEB opinion. Several rules were introduced in…
…it falls upon the arbitrator to disclose any facts and/or circumstances arising after his/her appointment. Similarly, the IBA Guidelines on Conflicts of Interest in International Arbitration (the “IBA Guidelines”) require…
…the admissibility, relevance, materiality, and weight of the evidence presented by the parties. The tribunal also has the authority to determine the evidentiary rules applicable to the proceedings, which can…
…to party agreement. For the avoidance of doubt, the instant case concerned the tribunal’s powers under the 2007 Dubai International Arbitration Centre (DIAC) Rules of Arbitration, which are understood to…
…amend, or set aside the award based on the evidence and arguments from the original arbitration – potentially offering a faster path to resolution than court appeals. However, the introduction…
…been rendered based on (i) the rules on burden of proof applicable to the arbitration proceedings and (ii) the evidence submitted in the arbitration proceedings at that time and therefore…
…of a series of detailed rules and procedures to implement international carbon market mechanisms, colloquially known as the ‘Paris Rulebook’. Additionality requires that the carbon reducing activity of an offset…
…Moreover, it should be noted that, for the agreements entered into prior to 1991, 98 of the Belgian Code of Private International Law refers to the rules of the Rome…
