2024 PAW: Sports Law and the Upcoming Olympics – What Role for Arbitration?
…case and by the European Court of Human Rights (ECtHR) in 2018 in the Pechstein case. As per the CAS Rules, all arbitral proceedings are to be seated in Switzerland,…
Search Results for: iba rules on the taking of evidence
2024 PAW: Going after the Arbitrators – The Criminalization of International Arbitration Proceedings
…are few, if any, ethical guidelines and codes of conduct for arbitrators. When it comes to corruption, the only applicable rules are general principles such as the independence, impartiality and…
2024 PAW: The Interaction between the Merits of the Case and Ratione Temporis Issues
…certain date to be time-barred was a jurisdiction issue. The court had erroneously considered that by taking into account the measures before the set date in the assessment of damages,…
English Court of Appeal Introduces Uncertainty as to the Scope of Commercial Anti-Assignment Provisions
…in each case involving a foreign transfer potentially taking place “by operation of law,” parties will need to engage foreign lawyers and, potentially, submit expert evidence to assess the basis…
2024 PAW: All You Need to Know about Arbitration and Crypto Assets
…For instance, in the United Kingdom, the Law Commission has recently introduced a Bill wherein it refrains from explicitly taking a stance on whether crypto assets fall within the confines…
2024 PAW: 8th ICC European Conference on International Arbitration
…reinstated his support for alternative dispute resolution mechanisms. In parallel, he called for continued reflection on French arbitration law, with a view to, inter alia, streamline the rules and increase…
Does the Assignment of a Contract Assign the Arbitration Agreement: The Indian Perspective
…contract, such as making payments, seeking extension of time or approval, joint survey, etc., this third party is entitled to invoke arbitration. Consensual Theory of Arbitration Taking a similar…
Arbitral Award, Enforcement, Germany, Primacy Principle, Set aside an international arbitral award, Singapore, Transnational Issue Estoppel, USA
The Deutsche Telekom v India Saga: Multi-Jurisdictional Proceedings, Transnational Issue Estoppel and Primacy
…a revision of the Interim Award and Final Award based on its discovery of subsequent “material facts or conclusive evidence” (“Second Swiss Proceedings”). India further requested that the “two arbitral…
Papua New Guinea’s New Arbitration Regime: A Catalyst to Make PNG an Arbitration Friendly Destination
…process and recent major political and socio-economic turmoil, that the New Arbitration Regime finally received the Legislature’s approval, taking the form of two separate Acts. The New Arbitration Regime replaces…
Navigating the Main Impacts of Artificial Intelligence in International Arbitration: Insights from the ICC YAAF Workshop
…prohibits the use of AI to falsify evidence, compromise the authenticity of evidence, or otherwise mislead the arbitral tribunal and/or opposing parties. Nonetheless, several procedural risks remain unaddressed, such as…
2024 Petersberg Arbitration Days Recap: “Arbitration in Times of War and Crisis”
…explained that this case demonstrated to the world that arbitration could be used as a rules-based alternative to war. However, in the 19th century, arbitration moved away from the goal…
Indian Supreme Court Endorses the Application of the ‘Group of Companies’ Doctrine to Join Non-Signatories
…non-signatory only after a determination by the arbitral tribunal of its status as a party. Practically, the arbitral tribunal is likely to undertake a detailed exercise, including by taking evidence,…
Elevating Arbitration Standards: The arbitrateAD Arbitration Rules
…Rules would only supplement the rules chosen by parties. This led to unnecessary complexities when parties’ chosen rules contradicted the ADCCAC Rules as it was unclear which rules would prevail….
2023 Year in Review: MENA
…City (U.A.E.) in accordance with the Rules of International Chamber of Commerce (ICC Rules)”, and to be “governed and construed in accordance with the laws of the Emirate of Abu…
The Recent Amendments to the UAE Federal Arbitration Law: Don’t Fix What Ain’t Broken!
…be tagged onto the former Art. 28(2) FAL, has been helpfully separated out into a new Art. 28(2) FAL (as amended). Tribunal’s power to determine rules of evidence The…
Relevance of Other Rules of International Law in Investment Arbitration: The Case of Peteris Pildegovics and Sia North Star v. Norway
…other rules of international law, i.e., provisions contained in treaties other than the applicable investment agreement and/or rules of customary international law, for investor-State proceedings. In particular, it highlights whether…
Navigating Investor-State Dispute Settlement: Concerns from the Asia-Pacific Region
…said that there are currently no arbitration rules that define the standard of proof for corruption. Given the involvement of public officials and the general public interest, he suggested looking…
Arbitration, Asia, China, Enforcement, Hong Kong, India, Japan, Singapore, Third party funding, UK, Vietnam
Europe Embraces a New Dawn of Arbitration in Asia
…the most strategic rules of evidence – CIETAC and Shanghai International Arbitration Center Rules, for example, give tribunals authority to determine the rules of evidence so parties can negotiate which…
The Hulley Case: Decoding the Unprecedented Role of Issue Estoppel in Jurisdictional Disputes
…is no state immunity. The EWHC concurred with this argument made by Yukos, adding that the SIA includes nothing which disapplies procedural or substantive rules that would otherwise apply and…
CAS arbitration, Court of Arbitration for Sport, EU Competition Law, EU Law, European Court of Justice, Sport arbitration
Sports Arbitration and EU Competition Law: No Escape to Switzerland!
…within the ISU rules for the review of decisions taken by the ISU under the said rules. The Vital Role of Sports Arbitration: Safeguarding a Level-Playing Field Arbitration provides…
Israel Adopts the International Commercial Arbitration Law: Will the Courts Play Along?
…or way of reference to arbitration rules, the terms of the parties’ agreement will prevail, unless it is stated in the arbitration rules that these rules prevail over the parties’…
Arbitration clause, Arbitration institution, China, Chinese Arbitration Law, Contract Interpretation, Hong Kong, Singapore
Contractual Interpretation in Hong Kong and Singapore: What Happens When Parties Name a Non-Existent Arbitration Centre?
…nominated; the rules to govern the arbitration proceedings (the arbitration rules of the International Chamber of Commerce (“ICC Rules”); the city wherein the arbitration proceedings would be conducted (Shanghai); and…
Glencore v. Bolivia: A Long-Awaited Award Finds Expropriation and FET Breaches by the State
…“unclean hands” doctrine in particularly serious cases. However, because it found that there was no evidence of illegality in the privatization processes, the Tribunal rejected the objection without deciding whether…
The New English Arbitration Act: Power to Make an Award on a Summary Basis
…award that is ultimately non-enforceable. Institutional Rules: Parties will need to consider how the new power will interact with their chosen institutional rules. As discussed below, this will be particularly…