…In May 2016, Alstom appealed against that order, arguing before the Paris Court of Appeal that paying the amount awarded by the arbitral tribunal would have breached the rules of…
…hydrocarbons (O&G) markets. In the O&G realm, the Ministry of Energy (SENER) issued the new Hydrocarbon and Fuel Import and Export Rules (the “Import/Export Rules”). Among other things, the Import/Export…
The Danish Institute of Arbitration (the DIA) updated its arbitration rules this year. The DIA Rules of Arbitration 2021 (the DIA Rules 2021) apply to arbitrations commenced on or after…
…the stand-alone investment arbitration and mediation rules that are available since 1 July this year and that were a product of the latest Rules Revision in 2021. Another highlight for…
…rules of the ICC, which is headquartered in Paris. On this basis, the Qatari courts concluded that this award did not need to be issued in the name of the…
…SCC, and that therefore the clause was not ambiguous. Another award, one of two published in the Yearbook, concerned the effectiveness of the SCC Expedited Arbitration rules. The arbitrator held…
The Kingdom of Tonga is dedicated to furthering the development of arbitration. A little more than a year ago, this blog published a post reporting that Tonga had acceded to…
…accordance with Article 33 of the ICC Rules of Arbitration. the relevant arbitral institution might be required to secure a specific license. For that reason, the threat of secondary sanctions…
…de novo at the enforcement stage. Most U.S. federal courts have now held that the incorporation of arbitral institution rules that delegate questions of arbitrability to the arbitrators is itself…
…because parties already have the autonomy to choose rules governing their disputes, and can select rules that already permit some form of limited appellate arbitral review. Professor Whitesell cautioned that…
…update their rules and compete against each other while emphasizing cost and time efficiency. This has made the arbitration route more attractive to clients and efficient for counsel. Key Concept…
…Conduct of Hearing Party autonomy is the backbone of arbitration. This principle is enshrined in almost all rules and laws enacted on arbitration. Article 19 of the Model Law provides…
…this issue, it considered the nature, the context in which the tribunal’s activity takes place, its objective and the rules to which it is subject, according to which its decisions…
…dispute, and not about Benedictine labour and rivers of ink alone. Some sets of rules provide that the tribunal secretary may be entrusted with drafting only the non-substantive parts of…
…of ASA, the Swiss Association of Arbitration, the Toolbox is entirely independent of the applicable lex arbitri or the institutional rules and can thus be used by anybody, anywhere, for…
…and (3) the Hague Rules on Business and Human Rights Arbitration (the Hague Rules) as procedural rules in investor-State dispute settlement (ISDS). We raise the prospect that the confluence of…
…the Rules. For example, Mr. Martinez explained that the new Rules enshrine the procedure to be followed in arbitrator challenge procedures. In addition, the current Rules give special attention to…
…Rules, which applied under the Old Act unless the parties agreed otherwise. VanIAC’s Rules must now be specifically incorporated into the arbitration agreement in order to apply, or the parties…
…industry, “the McCarran-Ferguson Act transformed the legal landscape by overturning the normal rules of pre-emption” (internal quotation marks omitted). Within this legal framework, the State of Washington enacted laws to…
…ancient in its historical origin and ubiquitous in the contemporary practice of international law, arbitral institutional rules, and customary practice among parties and in different countries. It has enjoyed the…
…provided on each arbitrator will support the credibility of self-reported information, such as experience with arbitral institutes and their rules, sector, applicable laws, or language. To learn more, visit: https://www.wolterskluwer.com/en/solutions/kluwerarbitration/practiceplus…
…long been the rule in every U.S. state, typically under each state’s version of ABA Model Rule 5.4 of their Rules of Professional Conduct, which includes a prohibition on fee-sharing…
…the UNIDROIT Principles could be considered “rules of law” or rules of a national system. The Court noted that the latter is a broader term and that UNIDROIT Principles cannot…
…provides that the rules of the abolished institutions continue to apply to ongoing arbitrations, Article 6(a) makes no provisions regarding institutional rules for future disputes. This raises the question of…
