…strict rules applicable to arbitration agreements with consumers. In contrast, when defining public policy, the Supreme Court found in an earlier case 3-2-1-186-15 that the independence of the arbitrator is…
…commercial arbitration: Objection 1: Arbitral rules are no place for substantive, non-contractual rights. Many of the widely-used arbitral rules such as Article 21 of the ICC Rules, SIAC Rule…
…2022 NAI Arbitration Rules. The 2015 NAI Arbitration Rules already established a move from hard-copy communication to electronic communication. Taking this further, the 2022 NAI Arbitration Rules will provide for…
…However, at the forefront of his efforts was the drafting and publication of QICCA’s updated conciliation and arbitration rules in 2012. Given his vast knowledge of commercial arbitration and familiarity…
…and education in relation to arbitration. Let’s discuss ACICA’s newly revised Arbitration Rules and Expedited Arbitration Rules. This is now the fourth iteration of the institution’s rules since ACICA…
…even be enforced as a foreign award under Part-II of the Arbitration Act. Under rule Rule 1.3 of the SIAC Rules, 2016 an ‘Award’ is defined to include an award…
…across protective orders or provisions on confidentiality. Confidentiality advisors have, however, rarely been used although provided for by the WIPO rules. Confidentiality advisors As a confidentiality advisor, Dr Patricia…
…(“Carrizosa brothers”) under the UNCITRAL Arbitration Rules, and by Astrida Benita Carrizosa (“Ms. Carrizosa”) under the ICSID Convention. In both arbitrations Ms. Carrizosa and the Carrizosa brothers alleged that Colombia…
…ICSID process is more advanced and focused, dealing just with the institution’s own rules. In accordance with the ICSID Convention, challenges of an arbitrator for lack of independence, or for…
…that “the overall percentage of female arbitrators appointments reach[ed] a high of 33% in arbitrations pursuant to the LCIA Rules, a growth from 29% in 2019”. In terms of nationalities,…
…and coincides with revisions of other arbitration rules such as the ICC rules for 2021, LCIA rules for 2021 and the Swiss Arbitration Centre rules for 2021. Further changes concern…
…Supreme Court’s Findings The Supreme Court emphasized that Art. 3 of the New York Convention and Art. 4753 of the Moldovan Code of Civil Procedure, contain rules on the recognition…
…IAC Rules, which are modern UNCITRAL-based Rules, are the extant arbitration rules in the BVI. The BVI IAC is, however, working to amend the rules and is scheduled to release…
…conducted within the ICSID regime and were subject to other arbitration rules (e.g. the UNCITRAL, SCC or ICC rules) and to the mandatory procedural principles of the seat. Non-ICSID tribunals…
…Moreover, both arbitrations were invoked under the India-UK BIT, conducted in accordance with UNCITRAL Arbitration Rules 1976, and administered by the PCA. The Cairn Arbitration was seated in the Netherlands,…
…the proceedings, evidentiary issues, and multi-party arbitrations. The Practical Insights by topic offer a gateway to users into Kluwer Arbitration’s deep archives of commentaries, decisions, rules, and other important research…
…a choice on the “local arbitration agencies.”1)SPC (2006) Min Yi Zhong Zi Di No.11. In another case where the parties agreed on the application of ICC arbitration rules, the SPC…
…copy/paste of the relevant rules of Chapter XII of Act LX of 2017 on Arbitration setting up the HCCI Arbitration Court. The conditions to be listed in the roll of…
…complications. It is perhaps only fitting that the session ended with the panelists expressing a measuredly optimistic view that international investment law, as a dynamic and ever-changing body of rules,…
…predilection for respecting arbitral jurisdiction and upholding awards. Emerging Rules and Principles It may be argued that fulfillment of pre-arbitration procedural requirements is condition precedent to formation of the parties’…
…only deviates from the practice in most arbitration-friendly jurisdictions, but also creates tension with other sources of arbitration guidance in China—including judicial practice and institutional rules—sometimes catching even seasoned practitioners…
…consumer arbitration in 2017; introduction of detailed rules for arbitration of corporate disputes in 2019. This blog post looks at how the law operates and analyzes the statistics of post-award…
…to the UNCITRAL Arbitration Rules, which provide for a different appointment mechanism to the LMAA Terms. The Defendant failed to engage substantively with the Claimant’s Reference to Arbitration and subsequent…
…values and mandatory rules of a given jurisdiction, and international public policy, encompassing those rules that are applied by domestic courts in cross-border cases, the dividing line between these dimensions…
