…on the procedural rules and process that they consider most appropriate, including expedited proceedings or recourse to an emergency arbitrator. Effective Arbitration Clauses and Important Pitfalls to Avoid The…
…highest governing body of the Tribunal would be the Committee of the Contracting Parties, empowered to adopt the rules of procedure for the Tribunal and appoint a selection panel (which,…
…to expressly agree in the arbitration agreement on the number of arbitrators, the language of arbitration, the applicable rules of evidence (e.g. the IBA Rules on the Taking of Evidence,…
…in International Arbitration of 2013 expressly included a party’s “employees” in the definition of representatives; the DIS Arbitration Rules of 2018 introduced Rule 27.3 that encourages outside counsel to attend…
…Agreement’s MFN clause to import UNCITRAL Rules in other BITs where the Secretary-General of the Permanent Court of Arbitration (“PCA”) is the appointing authority. He has done so on several…
…of a textbook (Rules and Practices of International Investment Law and Arbitration) and of a MOOC, in practice-oriented trainings for professionals, or in masters programs. This post builds on this…
…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…
…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…
…referred to in the Komstroy ruling, the CJEU complied with the rules of interpretation under article 31 of the Vienna Convention on the Law of Treaties (“Vienna Convention”), reaching to…
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…
…rendered under the rules of the London Maritime Arbitrator’s Association. Prior to this decision, the Court of Appeals issued an interim decision that the proceedings would continue under the 2015…
…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…
…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…
…fields for information included in the RfA (see Article 4 of the ICC Rules of Arbitration) including, for example, the arbitration seat, the language of the arbitration, governing law and…
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…
…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…
