…resolved through arbitration in a near future, (ii) adapted rules and procedures for this type of claim (related coverage here), and (iii) a growing number of specialized arbitration practitioners. On…
…the former Arbitration Rules coming into force on 1 June 2021. The 2021 Arbitration Rules made only minor changes to the original Arbitration Rules, the most noteworthy addition being the…
…adjourn the hearing?”, “What about the ICC Rules?”, “Is there a right to a physical hearing?”. A particular innovation in Canadian courts has been the advent of “case management arbitration”,…
…of overbroad requests that the proposing party bears the onus to reformulate? Why make the resisting party do their job for them? Borrowing from Article 2.2(a)(ii) of the Prague Rules,…
…view that those laws are mandatory rules. This post will review this U.S. view by examining the role of U.S. financial system in enforcing economic sanctions regulations in order to…
…the Peruvian government, thus violating his legitimate expectations. Peru’s Jurisdictional Objections In accordance with article 23 of the 2013 UNCITRAL Rules, applicable to the case, Peru raised six objections…
…three challenges that Colombian lawyers face: First, what he calls the “domestication of international arbitration.” Colombian practitioners who are used to litigation under Colombian rules of procedure and get involved,…
…into high-risk industrial environments. Examples of data collected by drones he pointed out included magnetic anomalies, movement, speed, temperature, and facial recognition. Ballena also examined the rules and regulations, restrictions,…
…Prime Finance Arbitration Rules 2022, Article 25(7). Valuation Challenges Valuing crypto currencies can be straightforward since there are frequently readily available quoted prices similar to observable commodity prices. However, difficult…
…include the updating by the JCAA of its institutional rules and other practices, the successful launch of the Japan International Dispute Resolution Center (“JIDRC“) and the opening of the Japan…
…spoke about the amendment of ICSID Rules effective since July 2022. She noted six key areas addressed in the amended Rules: time and cost of proceedings, third party funding, increased…
…Though constrained by party choice and the paramount concern for quality, institutions should advocate for greater diversity in arbitral appointments, perhaps even including clauses addressing diversity in their rules. Acknowledging…
…Our Rules It is possible to seat an arbitration governed by any set of institutional rules (or none) in Scotland (and indeed we at the Scottish Arbitration Centre encourage you…
…discussion on the practicalities of applying data protection rules during an arbitration, using practical examples from the Roadmap. Finally, on the third Congress day (Wednesday 21 September), the co-editors of…
Lord Chief Justice Hon. Michael H. Whitten KC has been the Lord Chief Justice of the Kingdom of Tonga since 2 September 2019. After gaining early broad experience in various…
…LCIA Rules, and Prague Rules (which generally avoid document production, see art. 4.2) are all silent as to privilege. None of these rules, including the IBA Rules, specify what is…
…the reasons, in order for it to be enforceable. Procedural Background The arbitration award, which was issued under the ICDR-AAA Rules, arose from a dispute under a non-disclosure agreement…
…very limited circumstances. Furthermore, rules of uniform treatment, reasonableness, and proportionality constrain the ISA’s powers. This blog post will assess the interplay between the ISA’s regulatory powers and the private…
…local courts with exclusive jurisdiction to rule on disputes between agents/distributors and principals. Such exclusive jurisdiction rules prevent derogation from the jurisdiction of local state courts in favor of foreign…
…laws and rules that are more favorable for foreign parties seeking evidence, as it only sets a minimum standard. On the other hand, some jurisdictions may have stricter rules than…
…Arbitration Association – A Swiss Perspective Alexandre LAUTE offers a “Swiss” perspective on the arbitration rules of the 2021 Nordic Offshore and Maritime Arbitration Association by comparing these rules with…
…Constitution sets forth a general rule that excludes the possibility of investment arbitration under international arbitration rules (with some exceptions, such as sunset clauses). Article 320 provides that: “All foreign…
…the ICC Rules. The important decision is wide-ranging in its analysis of issue estoppel, the proper approach of the English and Cayman Island courts to construing Article V of the…
…Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration). Also, CAM-CCBC’s draft 2022 arbitration rules contain a provision authorizing the publication of excerpts of awards. However,…
