…lawyers, there is hardly any awareness or sustained discussion about the limitations of overlooking diversity of professional backgrounds, perhaps partly because arbitration rules usually do not require arbitrators to have…
…as withdrawn and there was also no action taken by the claimant to resubmit the case to arbitration in line with the applicable rules (i.e., the DIAC 2007 Rules Appendix…
…Panel of Investor-State Mediators. Meg Kinnear (Secretary General of ICSID) noted that the ADGM’s initiative perfectly complements ICSID’s own initiative in introducing Investor-State Mediation Rules, which have been approved by…
The recent Award in AFC v. Colombia dated 24 February 2022 provides new developments on the scope of Rule 41(5) of the Arbitration Rules of the International Centre for the…
…after the date of termination and without prejudice to the application thereafter of the general rules of international law”. Depending on the termination clause of a particular BIT, such a…
…of arbitrators expands, networks can run short. Meanwhile, ethics rules prohibit all but the most perfunctory questions in arbitrator interviews. Questions about procedures in the case are definitely off-limits. As…
…release of frozen assets, this limitation may create yet another obstacle for arbitral institutions and their banks. Potential Implications of the Rules on the Exclusive Jurisdiction of Russian Courts Due…
…rules as well as updated fact-finding rules. What was the main driver leading to the development of these rules? How do you anticipate that mediation or fact-finding proceedings under these…
…the long-awaited, new DIAC arbitration rules (New DIAC Rules), which came into effect as of today (21 March 2022). The New DIAC Rules will apply to all requests for arbitration…
…institutional rules exclude the possibility of any non-mandatory appeals (see for example Rule 26.8 of the LCIA Rules, and Article 35(6) of the ICC Rules). This provision has always been…
…to the commonly adopted IBA Rules on the Taking of Evidence (2020) (“IBA Rules”). (For previous posts on the Prague Rules, see, e.g., here, here, here, here, here and here.)…
…disputes falling in the second category – which are settled through arbitration under the ICSID Convention, UNCITRAL rules or under any other arbitration rules – that the treaty has introduced…
…Arbitration According to the autonomous arbitration theory, arbitrations must remain autonomous and free from state interference. Accordingly, international arbitrations must be governed by international rules and practices, and not national…
…to avoid further challenges of awards. Potential Difficulties Arising out of the Application of the Law of the Place of Enforcement However, the institutions’ new rules and rapid changes in…
…under the ICC Rules of Arbitration inter alia on the ground that the arbitrators allegedly failed to properly sign and date the award. The tribunal rendered its award on 26…
…the discrepancies between the DIFC-LCIA arbitration rules, which largely mirrored the LCIA Arbitration Rules, and the current version of the DIAC Arbitration Rules, which were last updated in 2007. With…
…two different parties appointed at different stages, unless parties agree otherwise, is suggested by, among others, the ICC (Article 10.3 of the ICC Mediation Rules). More sophisticated versions of the…
…a war of aggression (as well as directly doing so). The same rules of international law apply to Putin’s war against Ukraine and the same charges can be levied against…
…mediation rules). However, to the extent disputes clauses do regulate the procedure, they typically provide only minimal procedural guidance relating to the commencement of the process (e.g., written notice requirements,…
Delos Dispute Resolution (Delos) has introduced its first significant update to the Delos Rules of Arbitration (the 2021 Delos Rules) which entered into force on 1 November 2021. The new…
…Tribunal acted under the UNCITRAL Rules and the dispute was brought under the Guatemala-Israel BIT (2006) (the “BIT”). Among the many legal issues analyzed by the Tribunal, this entry focuses…
…found its way into the 2010 update of the institutional arbitration rules of the Netherlands Arbitration Institute (“NAI”) (see Article 55(2) of the NAI Rules, 2010). The confidentiality rule can…
…its Member States. Lavranos remarked that as of now, an ECT arbitration proceeding under other rules than ICSID, and with a seat in the EU, would most likely risk being…
…is precisely what The Hague Rules on Business and Human Rights Arbitration seek to supplement. The Hague Rules modified the 2010 UNCITRAL arbitration rules to adapt them to human rights…
