…inferences and/or imposing cost consequences on the non-disclosing party pursuant to Articles 9.6 and 9.8 of the IBA Rules on the Taking of Evidence in International Arbitration (2020) or releasing…
…HKIAC Administered Arbitration Rules next year. Similar to the previous Rules revision, there will be a Rules Revision Committee and a lot of interaction and consultation with the community. We…
…yardstick in view of party autonomy when interpreting consent requirements for joinder under the London Court of International Arbitration Rules 2014. A closer comparative analysis of the procedural rules of…
…it did was nothing other than a substantive review – a review on the merits. It assessed in detail circumstantial evidence for corruption raised by the Libyan government in the…
…confidential documents, and in case of the IBA Rules on the Taking of Evidence apply to the dispute, it determines that documents submitted by a party in support of its…
…explains, is common practice in New York, where Article 76 of the Civil Practice Law and Rules specifically provides for expert determination as a mechanism for the resolution of disputes…
…difficult and costly for governments to adopt urgently needed climate policy. Withdrawing from the ECT—Poland and Spain are taking steps to do so—and neutralizing the survival clause to the extent…
…arbitral tribunal is authorized (unless the parties agree otherwise) to apply the Rules on the Taking of Evidence in International Arbitration of the International Bar Association (IBA Evidence Rules), the…
…The modernised text applies the UNCITRAL Rules on Transparency in Treaty-based Investor-State arbitration to all investor-state arbitrations under the treaty (Art 26(6)), enhancing the transparency of the process and encouraging…
…Court had held that breach of the rules of natural justice does not extend to an arbitrator applying his own knowledge and expertise to issues that the parties have led…
…AMO or by any other evidence, and raised for the first time during the enforcement proceedings (para 70). The Court’s observations on this point fuelled its overall conclusion that the…
…resolved through arbitration in a near future, (ii) adapted rules and procedures for this type of claim (related coverage here), and (iii) a growing number of specialized arbitration practitioners. On…
…the former Arbitration Rules coming into force on 1 June 2021. The 2021 Arbitration Rules made only minor changes to the original Arbitration Rules, the most noteworthy addition being the…
…do not materially change the manner in which evidence is delivered or received and can enhance efficiency of the process. Alert to client preferences, however, Harris has noticed a trend…
…supplier relationships. It was noted that generally suppliers have not been taking advantage of excess demand, pointing to the fact that suppliers tend to be in it for the long…
…view that those laws are mandatory rules. This post will review this U.S. view by examining the role of U.S. financial system in enforcing economic sanctions regulations in order to…
…the Peruvian government, thus violating his legitimate expectations. Peru’s Jurisdictional Objections In accordance with article 23 of the 2013 UNCITRAL Rules, applicable to the case, Peru raised six objections…
…three challenges that Colombian lawyers face: First, what he calls the “domestication of international arbitration.” Colombian practitioners who are used to litigation under Colombian rules of procedure and get involved,…
…taking the attention away from the actual content of testimony. To some extent, we have seen the neutralization of body language through the use of Zoom, which took away inter…
…technology tools, checklists for virtual hearings etc. Implications for Admissibility of Evidence Cemre Kadıoğlu (Ph.D Candidate at University of Leicester and member of CyberArb’s Executive Board) discusses the consequences…
…Prime Finance Arbitration Rules 2022, Article 25(7). Valuation Challenges Valuing crypto currencies can be straightforward since there are frequently readily available quoted prices similar to observable commodity prices. However, difficult…
…of slowing down the climate change by fossil fuel industry investors. The statement of motives maintains that there is no clear evidence to suggest that Poland remaining as a party…
…include the updating by the JCAA of its institutional rules and other practices, the successful launch of the Japan International Dispute Resolution Center (“JIDRC“) and the opening of the Japan…
…do not support it. There is no historical or empirical support for the system as currently devised and there is no evidence that countries have had depoliticisation as an objective….
