…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…
…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…
…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…
…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…
…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…
…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’…
…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…
…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…
…object or require anonymisation), and a similar presumption was introduced in last year’s amendments to the ICSID Rules. These reforms represent an attempt to strike a balance between the preference…
…specific rules on non-judicial emergency relief), parties often seek assistance from national courts that would otherwise come too late from an arbitral tribunal. In this respect, the decision of the…
…also been included as part of the revision of the ICC Rules, the VIAC Rules and the Delos Rules in 2021, as well as the AIAC Arbitration Rules in 2023….
…arbitral rules, a tribunal is vested with the authority to decide whether or not to apply any strict rules of evidence (see LCIA rules (Article 22.1(vi)), the ICC rules (Article…
…Convention does not differentiate between interim or final awards and in the particular case, as per Article 2(v) of the ICC Rules, an award includes interim, partial or final awards….
…means of dispute resolution among international parties. To foster a more efficient arbitration system in the Kingdom, the Saudi Center for Commercial Arbitration (“SCCA”) issued new Arbitration Rules (“Arbitration Rules”),…
…and the rules of equity. , which codifies the principle favor contractus or conservation principle, which provides that “no one contracts for the sake of contracting, but rather taking care…
…Arbitration Rules.’ Limitation: Even if the PMAC Procedural Rules included such a provision, this would not mean that the CJEU would recognize PMAC arbitral tribunals as ‘courts’ under Article 267…
…hold a university degree in the Shariah or the Islamic legal sciences (fiqh), must ensure the application of the law and the procedural rules do not contravene the principles of…
…go beyond the walls of government buildings, potentially affecting millions. With a mind to this, in accordance with its Rules, a special session of the ICC court is constituted to…
The Saudi Center for Commercial Arbitration (“SCCA”) has recently revamped its rules, aiming to solidify its position as a global leader in arbitration. The latest amendments, which have been elaborated…
…Blanke, Blanke on UAE Arbitration Legislation and Rules (2021) p.268 ↑3 See Gordon Blanke, Blanke on UAE Arbitration Legislation and Rules (2021) p.26 ↑4 See Fouchard Gaillard Goldman on International…
…unresolved issue of implementation and enforcement of the Codes. She pointed out that challenges or disqualification of arbitrators would remain subject to applicable rules or the instrument of consent, given…
…no specific venue or applicable arbitration rules are referenced. This could reflect recognition that Member States may need flexibility when negotiating ISDS under BITs with third countries which may oppose…
…did not elaborate on the role of arbitral institutions in handling these jurisdictional objections when administering India-seated arbitrations. To put this risk in context, under the SIAC Rules 2016, any…
…day. Impartiality and Independence of Experts Various rules on the use of party-appointed experts in arbitration, e.g., the IBA Rules (2020) and the CIArb Protocol (2007), make clear that…
