Consent in Investment Arbitration: A Few Remarks
…relevant rules of treaty interpretation and principles of international law applicable to unilateral declarations.” The Tribunal inter alia also held that the text of Article 8 “does not import into…
Search Results for: prague rules
U.S. Court Rules Ex Parte Section 1782 Discovery Petitions Remain Subject to Due Process Safeguards
…ex parte basis are considered under the Section 1782 statutory requirements and the Intel factors or solely under Rule 45 of the Federal Rules of Civil Procedure (“FRCP”) as subpoenas…
2022 Year in Review: Commercial Arbitration in Latin America
…(CAM-CCBC) also launched new Arbitration Rules in November 2022, which replaced its 2012 Arbitration Rules. Among other changes, the new Rules (i) allow the CAM-CCBC to manage UNCITRAL arbitration proceedings;…
2022 in Review, Admissibility, Alternative fee arrangements, Arbitration Institutions and Rules, Cambodia, Enforcement, Jurisdiction, Malaysia, Philippines, Singapore, Thailand, Vietnam
2022 Year in Review: Southeast Asia
…and mediation handled by arbitrators and mediators with expertise in both domestic and international sports disputes. The TCAS also has specific procedural rules adapted to the needs of the sports…
ALARB, Colombia, Costs in arbitral proceedings, Counsel fees, Investor-State arbitration, Latin America
Colombia’s National Agency for Legal Defense of the State Report on Costs in Investment Arbitration
…have been cases where the parties to the dispute have agreed not to apply the treaty provision relating to costs. The ICSID Rules grant arbitrators broad discretion for allocating costs….
2022 Year in Review: Australia, New Zealand and the Pacific Islands
…contract had been sought. Essentially, the Court determined that as the arbitration was being conducted in accordance with ACICA’s Expedited Rules, the arbitration proceedings would be sufficiently expeditious. Additionally, the…
KluwerArbitration ITA Arbitration Report, Volume No. XX, Issue No. 15 (December 2022)
…rendered by a sole arbitrator in a domestic arbitration under the rules of the Swiss Arbitration Centre (“Swiss Rules”), finding that there had been no violation of the right to…
2022 in Review, Arbitration Tech Toolbox, Crypto, Cybersecurity, Cybersecurity Protocol, Metaverse, Smart Contracts, Technology, Virtual hearings
2022 Year in Review: Technology
…nomenclature, rules, and arbitration prospects Top of mind for many practitioners this year was the role of arbitration in the resolution of technology disputes. UNCITRAL held a Colloquium that explored…
Appointment of arbitrators, Arbitration Rules, Case Management, Dissenting opinions, Hungary, Remote hearings
More Than a Facelift? – New Hungarian Arbitration Rules Take Off in 2023
…changed radically. In addition to the entry into force of the new Hungarian Arbitration Act and the former arbitration rules (“Former Rules”) of the HCAC, the new Hungarian Code of…
Corporate Social Responsibility, Environment, ESG, Investment Arbitration, Investment law, Uncategorized
Has ISDS Become a Tool for Promoting Business Sustainability?
…Estatal Petroleos del Ecuador — tribunals have shown an increased willingness to admit such claims within the limitations imposed by the underlying IIAs or contracts, and the procedural rules applicable…
MOL v. Croatia Saga: A Two-Faced Janus in the ISDS Reform Debate
…Charter Treaty (ECT). Croatia responded in 2014 by initiating arbitration proceedings based on the Shareholder Agreement under the UNCITRAL Rules, arguing that, on account of the alleged corruption on the…
The Contents of Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, Volume 88, Issue 4 (December 2022)
…ICSID annulments. The author proposes a feasible restructuring of annulment appointment and challenge procedure under the ICSID Arbitration Rules as a potential rectification of these procedural flaws, including a dispersal…
Attribution, International Court of Justice, International Investment Arbitration, Public international law, State Responsibility, State Responsibility for Damage, Treaty Interpretation, VCLT, Vienna Convention on the Law of Treaties, Washington Arbitration Week
Washington Arbitration Week 2022: The Influence of Public International Law in Investment Arbitration – Not to be Taken for Granted
…here. As such, in the investment arbitration field, the VCLT’s rules are relied on extensively, in particular the VCLT’s rules on interpretation, in Articles 31 through 33, which are frequently…
Washington Arbitration Week 2022: Class and Collective Action in Investment Arbitration – Old Issues, New Rules
…in Canfor v. U.S., administered under UNCITRAL Rules, allowed the U.S.’s consolidation request of Tembec v. U.S. and Terminal Forest Products v. U.S. into a common proceeding, as all the…
International Investment Arbitration, International Investment Law, International Law, Space Arbitration, Washington Arbitration Week
Washington Arbitration Week 2022: International Investment Protection of Space Assets, Quo Vadis?
…the way for the development of regional and national rules protecting investors. However, panelists were cautious about the prospect of a new global regime for space investments in the coming…
The Permanent Court of Arbitration and the Republic of Ecuador Conclude a Host Country Agreement: What Does this Mean?
…arbitration under the UNCITRAL Rules administered by the PCA. Notably, the Model Concession Contract under the Public-Private Partnership framework and the Model Mining Services Contract also provide for arbitrations administered…
Alternative fee arrangements, Conditional fee agreements, Costs in arbitral proceedings, Disclosure, Hong Kong, Singapore, Third party funding
Alternative Fee Arrangements with Counsel: What Should be Noted by Arbitration Users?
…Conduct) Rules 2015. However, there is no express requirement to disclose the AFA agreement or the terms therein. While the agreement or the terms therein may arguably fall within the…
From the Editors of Kluwer Arbitration Blog: 2022
…changes brought by Decree No. 34/2021, which provided for the consolidation of local arbitration centers into a single institution, DIAC released its 2022 revised arbitration rules, which provided the arbitration…
KluwerArbitration ITA Arbitration Report, Volume No. XX, Issue No. 14 (November 2022)
…international arbitration agreement must be assessed subject to the mandatory rules of French law and international public policy without reference to a national law. BGH – I ZB 36/21,…
The Contents of the Asian International Arbitration Journal, Volume 18, Issue 2 (2022)
…of independence or impartiality of arbitrators. However, detailed and binding rules on the challenge and disqualification of arbitrators are not forthcoming. Against this backdrop, the revised Indian Model Bilateral Investment…
Collateral estoppel, Commercial Arbitration, Latin America, Multi-fora disputes, Res Judicata, Uncategorized
Avoiding Res Judicata – Collateral Estoppel Pitfalls in Multi-Fora Disputes
…course will require all of the parties’ (and related parties) consent, which could be tricky if non-signatories are involved. using institutional rules’ mechanisms for consolidation of arbitrations or joinder of…
Istanbul Arbitration Week 2022 Recap: Energy-Related Panels
…with its own rules, hosted several panels in relation to energy arbitration at historical Sait Halim Pasha Mansion by the Bosphorus. This post provides a succinct coverage for three of…
Judicial intervention, Latin America, Preliminary measures, Provisional Application, UNCITRAL Model Law
Argentina: New Precedent on Preliminary Measures and International Arbitration
…Civil and Commercial Code (CCC) was the inclusion of specific rules about local arbitration agreements, something that the previous civil or commercial codes did not contemplate. Although the CCC’s private…
Anxieties about Achmea: Dutch Interim Relief Judge Refuses to Torpedo London-seated intra-EU Arbitration
…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…