…Rules, Art. 7 ICC Arbitration Rules, Art. 4.2 Swiss Rules) often fail to effectively include a third party. Under the Draft DIS-ERS, all parties concerned consent to the possibility and…
…there have not been many substantive changes to these international institutions. Taking the WTO as an example, it has faced criticism for its inability to conclude treaties after the successful…
…(2020) and Article 161 of its implementing rules state that the Ministry of Industry, which holds a permission to engage in mining activities in the KSA, “may agree to settle…
…of the ICC International Court of Arbitration) and Almudena Arpón de Mendívil (President of the IBA). The chat, which was hosted by IE University and moderated by Alfonso Iglesia (Cuatrecasas),…
…ace up their sleeve) and fails to do so without a valid reason, the IBA Rules provide that their written testimony shall be disregarded. The LCIA rules contain a similar…
…or UNCITRAL Rules), and several investor-state arbitration tribunals have had the opportunity to interpret and apply their provisions. We provide below an overview of Israel’s IIA program. Overview of…
…nature and, therefore the STJ has jurisdiction to decide conflict of competences between arbitral tribunals constituted pursuant to the rules of the same arbitral institution when: the applicable institutional rules…
…would be recourse to arbitration under the rules of the Dubai International Arbitration Center “without prejudice to the jurisdiction of Dubai Courts.” (دون الاخلال باختصاص محاكم دبي). The CFI rejected…
…their submissions that the judges of a multilateral investment court (MIC) would require different rules than those applicable to arbitrators. Thus, in the comments to the second Draft Code the…
…and relief to funders and funded parties in India. Aside from unequivocally recognising the validity of TPF in arbitrations, the Court also called for the government to formulate rules governing…
…of the Rules), the parties’ capacity to request provisional measures (Article 24 of the Rules), and confidentiality of hearings as a principle (Article 26.5 of the Rules), which is particularly…
…of evidence likely to prove material to the outcome of the arbitration. According to the Committee, this provision, which is not included in the 2006 Model Law, affords to arbitral…
…award qualifies as unlawful state aid, and an injunction prohibiting AES and AEF from taking measures aimed at the enforcement of the arbitral award. In essence, Spain bases its requests…
…the failure to disclose as grounds for removal. No Reference to the IBA Rules: The ADI wants to prevent arbitrators and judges from consulting the IBA Guidelines on Conflict of…
…the hearing. Mocks also may facilitate strategic choices as to what arguments and evidence to feature at the hearing as distinguished from arguments and evidence that may be better presented…
…ICC Arbitration Rules against two respondents (“Respondents”). These proceedings arose under two share purchase agreements, governed by Thai law. The cases were heard together by the same tribunal, comprising of…
…to be governed by the applicable rules or by the instrument of consent. Additionally, the partition of the Code into two Codes one for arbitrators and one for judges is…
…Judgment opens the door for applying foreign non-arbitrability rules. However, it only permits application of non-arbitrability rules of the law governing the arbitration agreement. This is limiting and requires application…
…AI (for instance, preserving client data confidentiality and preventing the use of fake evidence). (Such issues are explored in further detail on the Blog here.) The second discussion was led…
…Sri Lankan students taking part in international moots, to pay forward and pave the way for other students to experience the life-changing effect of international moot competitions. The MCB has…
…which is not stamped or insufficiently stamped is invalid and cannot be relied on for evidence by a party. NN Global has far-reaching ramifications on all India-seated arbitrations where Stamp…
…and that any ethical or other professional rules of conduct applicable to client-lawyer fee agreements are followed, thereby providing further safeguards against any subsequent allegations of breach. In practice this…
…arbitration under the 2021 International Chamber of Commerce Arbitration Rules (“ICC Rules”), where the threshold is currently USD 3 million. The Expedited Procedure Rules under the 2023 Rules can also…
…have adopted the “clear and convincing evidence” standard (Lao Holdings N.V. v. Lao People’s Democratic Republic) whereas at least three arbitral tribunals have found that “circumstantial evidence” could be relied…
