…found that CB&I’s showed recklessness, by taking no responsibility for the increasing costs and delays and failing to adopt mitigating actions. As a result, CB&I breached cost and schedule commitments…
…law in the IBA Rules on Taking Evidence or the similar CIETAC Guidelines on Evidence or (ii) under the Arbitration Rules of the International Center for Dispute Resolution of the…
…awards submitted to PRC courts for recognition and enforcement, this study further examined the arbitration rules and administering institutions of the 86 arbitrations seated in London, finding that 43 (50%)…
…relevant institutional rules for each institution. These were also included in the helpful “Scoreboard” that accompanied the Guide. The overall conclusion is that the rise of arbitral institutions in Latin…
…2023. The new ACIC arbitration rules (“New Rules“), which came into effect in May 2023, replace the previous 2007 edition (“2007 Rules”). The New Rules are the result of an…
…validity; where multiple approaches may apply, practitioners may need to engage with conflict of law rules to determine which formal requirements govern in a particular case. These challenges are magnified…
…rules for the recognition and enforcement of foreign arbitral awards. Article III of the New York Convention states that the procedure for the recognition and enforcement of foreign arbitral awards…
…Arbitration Rules. In 2018, the arbitral tribunal rendered an award ordering the First Defendant to pay approximately USD$ 4 million to the Claimant (the “Award”). The Claimant made an application…
…and arbitrator. Mariel also sits regularly as arbitrator and has experience as arbitrator under the HKIAC, ICC, KCAB, and DIS Rules, and in ad hoc disputes. She is on the…
…Rules as Default Rules The National Code recognizes that references to arbitration rules in an arbitration agreement incorporate all the rules to the arbitration agreement (see Article 536). Absent an…
…an overview. Conditions Precedent The respondent filed for the annulment of an award rendered in an arbitration governed by the Dubai International Arbitration Centre (“DIAC”) Rules raising three grounds, all…
…be construed . . . to prevent any Contracting Party from taking any actions that it considers necessary for the protection of its essential security interests.” As environmental concerns have…
…can also be evidenced by the express incorporation of TPF in numerous institutional arbitration rules such as the 2021 ICC Arbitration Rules, 2017 SIAC Investment Arbitration Rules, 2018 HKIAC Administered…
…for all “foreign” documentary evidence. Since the evidence relates to the substance of the dispute rather than the standing of the claimant, courts will presumably not be able to set…
…its proposed Galilee Coal Mine in Queensland, Australia. Among other things, the Court based its recommendation on the evidence of climate change and human rights impacts deriving from the project,…
…of evidence in the draft bill. Compared to the flexibility of the taking of evidence in arbitration proceedings, civil procedure was criticized for (still) lacking modern solutions which also could…
…interest, and (4) were adopted in good faith according to the evidence submitted (Award, ¶¶516-521) (The proportionality test was discussed in a recent post here). Specifically, the Tribunal found that…
…in comparing evidence submitted and finding conflicting fact patterns in the evidence. AI may even decide some aspects of a case. This requires a new division of labour. Lawyers will…
…often been perceived as a system primarily utilized by large corporations to serve their interests, despite evidence to the contrary. This perception is driven by some high-profile victories secured by…
…not only the VIAC’s Rules of Arbitration (2017) (“VIAC Rules”), but also Vietnam’s arbitration-related legislation. He also regularly lectures on commercial arbitration and sits as an arbitrator in both international…
…procedure therefore follows the very same rules applicable to judicial interim orders granted by Italian judges. The only difference relates to the court competent to oversee enforcement procedures. For judicial…
…evidence/fact-determining rules. Second, the Tribunal completely overlooked the conclusive part of the 2003 OECD Commentary on Article 1 (para. 22.1), according to which the SOFDs’ compatibility with DTTs is subject…
…to resolve the current WTO dispute resolution mechanism crisis. The MPIA is based on Article 25 of the Understanding on rules and procedures governing the settlement of disputes (“DSU”). Among…
…to be included in the list of creditors. In this lawsuit, Amapari attached documents to evidence: (i) the supply of energy; (ii) the invoices issued throughout the period of contractual…
