…the UNCITRAL Rules, to determine that it had jurisdiction to decide the request for disqualification. Both NAFTA and the UNCITRAL Rules grant arbitral tribunals broad discretion to conduct the proceedings…
…decision, the Court of Cassation explicitly referred for the first time to the IBA Guidelines on Conflicts of Interest in International Arbitration (2014) and quoted Clause 3.3.5 of the Orange…
…this Act, we must direct our attention to the arbitration rules of the major arbitral institutions in Serbia. Presently, both the Rules of the Belgrade Arbitration Center and the Rules…
…on appeal. The decision of the appellate court remains pending at the time of writing. Taking stock, this case contains lessons for all quarters. For courts, there is the question…
… 3. Transparency in Dispute Settlement The modernized ECT intends to provide for enhanced transparency in the conduct and outcome of proceedings. It incorporates the 2014 UNCITRAL Rules on Transparency…
…impartiality; that is, whether and to what extent taking on multiple roles compromises an adjudicator’s ability to decide a case in an independent and impartial manner. Viewed that way, the…
…may not be identical concepts. Earlier investment protection treaties (or rules), however, typically impose no or few environment or climate change-related obligations on foreign investors. Climate change mitigation and adaptation…
…in favour of Kazakhstan. In Luxembourg, the Supreme Court reversed the Court of Appeal, which had affirmed the grant of exequatur for the award, finding that certain evidence should have…
…force of this Agreement. Notwithstanding paragraph 1, a claim may be submitted under an agreement listed in Annex 30-A in accordance with the rules and procedures established in the agreement…
…the CAS has already amended its rules to allow public hearings if the dispute is of a disciplinary nature (R57, CAS Rules 2021). Will public hearings also be mandatory in…
…consider many scenarios for possible consolidation under, inter alia, ICC and VIAC Rules. Do Principles of Equity Colour M&A Arbitration Jurisprudence? Next, Prof. Beata Gessel-Kalinowska vel Kalisz (GESSEL) made…
…II.2, II.3 and II.4 (regarding the moderation of the hearing, rules of etiquette and examination of witnesses and experts, respectively) provide a detailed set of rules and recommendations for the…
…2 ZPO is not applicable in an ICSID arbitration. a. The ICSID Convention Sets Up a Closed System of Procedural Rules Precluding Other Legal Remedies The court first established…
…Third arbitration The Claimants did not give up. In 2017—while the annulment proceedings of the 2016 award were taking place—they initiated a third arbitration, this time administered by the Permanent…
…consumer contracts of adhesion: In fact, with the enactment of the arbitration act, three rules came to coexist harmoniously with different degrees of specificity: (i) a general rule that binds…
Expert evidence is a feature of almost every arbitration. At the very least, parties will likely need to adduce expert evidence concerning the quantification of a claim for damages. However,…
…useful tool to increase the legitimacy of ISDS also explains the increased statutory recognition of amicus submissions in institutional rules (e.g. 2022 ICSID Rules, Rule 67; 2017 SIAC Investment Arbitration…
…time limits for the making of an award similarly go beyond existing arbitration rules, such as the 6 month limit in the ICC Rules 2021 (Article 31(1)) and UNCITRAL Expedited…
…Court rendered two judgments taking differing stands in relation to the doctrine. First, in ONGC v. Discovery Enterprises Pvt Ltd., Civil Appeal 2042 of 2022, SC (hereinafter ONGC), a full…
…systemic impact on the principles of independence and impartiality under Swiss law, if not under the IBA Guidelines on Conflicts of Interest (“IBA Guidelines”) more generally: the SFT’s pronouncement that…
…it may interrupt the proceedings. The new edition of the IBA Rules on the Taking of Evidence in International Arbitration 2020 includes the recently adopted Article 9(3) allowing the tribunal…
…rules’ prior content. Second, relatedly, VanIAC’s new international rules solidify its appeal as an administering arbitral institution for parties internationally. Those parties will benefit from the new rules’ express provision…
…parties had not presented any evidence relating to expropriation under Kazakhstani law, the tribunal applied rules of international law relating to expropriation. Overall, this analysis demonstrates that there are risks…
…inclusion are currently the dominant forces in international arbitration and invited the panellists to address the audience on recent domestic court decisions as well as changes to arbitral rules, decisions…
