…of CETA and its reference to an Investment Court System as a new model for investor-state dispute settlement. The court considered that since the ‘new rules of investment protection are…
…rules or instruments other than national laws, such as the United Nations Convention on Contracts for the International Sale of Goods (hereinafter CISG), the UNIDROIT Principles, International Commercial Law, and…
…to amend the Convention – thereby extending the Convention’s uniform, global rules for dispute resolution to cross-border trade and investment involving Taiwan. Nonetheless, political inertia and reservations regarding China’s potential…
…Vienna Convention on the Law of Treaties (VCLT), and accordingly, ought to be interpreted in light of the treaty’s object and purpose, and keeping in mind any relevant rules or…
…for compliance, and a matter of expert evidence in arbitral proceedings. Supply chains Ensuring ESG compliance across a supply chain is a potentially onerous obligation on companies. While businesses who…
…the UNCITRAL Rules and other ad hoc rules). 2. Jurisdiction In FY2022, the majority (56%) of cases were brought under bilateral investment treaties (BITs) (FY2021 – 63%, FY2020 –…
…(e.g. definition of terms, entry into force and termination, scope of application) while rules specific to these different dispute resolution mechanisms (any agreement and rules on the appellate mechanism, the…
…VCLT, as a unifying mechanism, can guide drafters of new procedural rules and substantive agreements. As a well-settled interpretive instrument, the VCLT can assist drafters in achieving greater coherence and…
…new top level domain names. The IRP provides for dispute resolution through international arbitration based on the ICDR International Arbitration Rules, supplemented by Interim Supplementary Procedures. Sabater, who has acted…
…and if the investor has actually accessed, or voluntarily accepted compensation under, any national compensation schemes. Furthermore, the draft decision adds rules of ‘contributory fault’ to Article 38.9 of the…
…pivotal to recognize the importance of judicial jurisprudence around the legality of such processes synchronous with legislative amendments and amendments to the rules of major arbitral institutions. The Indian illustration…
…on the “public interest” when considering interim relief applications. Admittedly, there remains ambiguity concerning the applicable standard for interim relief applications in international arbitrations, and the prevailing rules generally provide…
…institution, reporting on major developments over the last year. Meg Kinnear (Secretary-General, ICSID) provided a brief overview of the 2022 revisions to the ICSID Rules and Regulations (“the Rules”), achieved…
…tribunal of the fundamental rules of national substantive law or a gross violation of the rules of procedural law can also lead to a violation of the public order of…
…to exist in the realm of ISDS: (i) the territorial application of treaties; (ii) rules of priority between treaties in instances of conflict; (iii) the rules of interpretation in VCLT…
…despite the return to the rich immersive experience of hybrid hearings, the next new normal will present fresh challenges for us to the taking of evidence in the arbitral process….
…voting, works in practice: After the Kleros jurors are “appointed” (which is based on whoever stakes the most tokens), the parties have the opportunity to submit evidence. Jurors are incentivised…
…speakers agreed in this regard that case management conferences, as foreseen by Article 27 of DIS Rules of Arbitration, are an effective tool to safeguard the efficiency of the proceedings….
…investment case encompassing ESG activities, the tribunal might be tasked with evaluating those activities. Outside of this scope, tribunals would be reluctant taking decisions concerning ESG if not explicitly asked…
…agree on streamlined written submissions, among others. Arbitral rules also provide for expedited rules or fast-track procedures, if agreed between the parties, including the ICSID Expedited Arbitration Rules, or automatic…
…and a principal. The arbitrator explained that, while the ICC Rules provided that arbitrators had to make every effort to ensure that the award was enforceable at law, and Art….
…still an objective one. India’s response to the issue of arbitrator independence and impartiality has been unconventional. Inspired by the IBA Guidelines on Conflicts of Interest in International Arbitration, the…
…most extensive rule-revision process in the centre’s history, includes new standalone mediation rules and expanded access to the Additional Facility rules, which can now be used when neither party is…
…evidenced in Mundo Media where federal insolvency rules trumped provincial arbitration rules. * The views expressed herein are those of the author and do not necessarily reflect the views…
