…rules might have significance even to the effect that a claim may be arbitrable in Austria under one set of rules but not under another. For example, the Swiss Arbitration…
…the trust of judges, and ultimately states, in their conduct of the arbitral proceedings and their administration of justice? Can more nuanced institutional rules and guidelines allay concerns about conflicts…
…emphasis on the role of the arbitral tribunal in facilitating parties to achieve an amicable resolution. To that end, arbitral institutions have incorporated specific provisions in their rules or guidelines,…
…Rules of Procedure of the UPC, which enables the UPC to confirm the terms of any settlement or award by consent that revoke or limit a patent. According to Callens…
…emergency arbitration proceedings in Article 29 of its 2021 Arbitration Rules. Reflecting international practice, major arbitration chambers in Brazil have likewise recently adopted well-crafted rules on emergency arbitration, largely on…
…an omnibus arbitration regime. “Bright line” rules This same emphasis on practicality can be seen in the Draft Act’s definition of “international commercial arbitration”. The Model Law definition includes…
…generally, in Windstream II, the United States confirmed, as it successfully argued in the Apotex III NAFTA case, that “applicable rules of international law” includes the concept of res judicata….
…their shares in a company to Petronz (“the SPA”). The SPA provided for disputes to be resolved by arbitration under the LCIA rules. Petronz did not pay the purchase price…
…disputes under the FOSFA Arbitration Rules (“the Rules”). NHP failed to perform its obligations on time and proposed to extend the delivery dates due to force majeure. Thywissen rejected that…
…the validity of arbitration agreements and considered when federal courts might abstain from exercising jurisdiction. It also examined the implications of incorporating Japanese arbitration rules—with permissive, not mandatory, language stating…
…it comes to procedural issues, such as evidentiary issues, as different rules apply in arbitration. One may add to these concerns the risk of judicialization of arbitral proceedings. This term…
…His refusal and subsequent behaviour are suspicious. The matters are subject to mandatory disclosure under the applicable law and arbitration rules, but how can this be enforced? This situation raises…
…the 2018 HKIAC Administered Arbitration Rules (the ‘2018 Rules’) where the Claimants initiated a single arbitration under multiple contracts, HKIAC determined not to proceed with a single arbitration under all…
…Arbitration Rules (ICC Case No. 19058/GFC). In the arbitration, CW Travel obtained a favorable award of approximately US$ 2,14 million. Afterwards, CW Travel sought the enforcement of the ICC Award…
…all disputes arising out of the contract are to be determined by arbitration in accordance with the Gafta Arbitration Rules under English law. The arbitral process is administered by Gafta…
…a restatement-like collection of principles and rules or a system of transnational contract law? Two recent arbitral awards support the latter view. In both cases, the tribunals decided complex international…
…procedural rules of arbitral institutions (“Surveyed Rules”)1)The list of the Surveyed Rules includes (1) the institutional arbitration rules of: Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada…
…Supplemental Swiss Rules for Corporate Law Disputes in Switzerland On 1 January 2023, revisions to the corporate law came into force which, among other things, allow Swiss companies to include…
…are moving towards the homogenisation of rules. This has led to the creation of specialised institutions and rules, such as those for corporate law disputes in Switzerland and the Netherlands,…
For the first time under Rule 54(2) of the ICSID 2022 Arbitration Rules, the Tribunal in Ruby River Capital LLC v. Canada (ICSID Case No. ARB/23/5) had to decide on…
…The Court also found that two different arbitral tribunals – one an international commercial arbitration tribunal, and the other an investment arbitration tribunal operating under the UNCITRAL Rules – did…
…but have been historically prohibited within the Indian legal regime under the Indian Advocates Act, 1961 (“Advocates Act”) and the Bar Council of India Rules (“BCI Rules”). The Bar Council…
…such rules and the criticisms they receive, there is no doubt that they are rules that allow us to delimit or make concrete the abstract situations related to the partiality…
…cases. Many law firms sell their services based on specialized “insider” knowledge about arbitrators’ past decisionmaking. Expanded disclosure requirements and stricter conflict of interest rules are putting some limits on…
