…under the ICSID Arbitration Rules and in the most recent version of the Code. It is also reflected in the explanation of General Standard 3 of the IBA Guidelines. In…
…preference for the use of arbitration in international transactions, the importance of taking into account the broader context in respect to the client and the dispute, the need to establish…
…In the fifth negotiation round (1-4 June 2021) delegations stressed the importance of taking into account the individual climate goals and energy security goals as well as their specific energy…
…decision. The Lithuanian decision once again confirms the end of the BITs era in Europe and turns to national courts as well as to the classic conflict of laws rules….
…Carol Mulcahy, A Guide to the IBA Rules on the Taking of Evidence in International Arbitration (2019) (2019) The Editor welcomes the submission of articles for consideration for publication…
…referrals to arbitration proceedings, or do not meet certain other requirements to provide for a workable arbitration procedure, or contain a reference to non-existing arbitral institutions and/or arbitral rules, or…
…can also arguably be drawn from Rule 41 of the ICSID Arbitration Rules, which empowers a tribunal to consider questions of jurisdiction ‘on its own initiative’. Interestingly, at the negotiations…
…designate the body of principles and rules recognised by a State, which, by their nature, may bar the recognition or enforcement of an arbitral award rendered in the context of…
…prevalence of arbitration in the region, it is odd that no arbitration institution in the GCC has specific rules for FBD. This is all the more surprising when the speed…
…of arbitration rules was issued by AMINZ on 1 January 2022. The Rules adopt an “institution light” approach. If the parties need assistance with appointing the tribunal or to deal…
…order testimony or the production of evidence “for use in a proceeding in a foreign or international tribunal.” Both cases before the Court involved a party seeking discovery in the…
…may be found. The practice and procedure in taking such depositions shall conform generally to the practice and procedure for taking depositions to be used in courts of the United…
…done in investment arbitration, but it is rarely attempted in commercial arbitration. Understanding success in enforcement and setting-aside proceedings is usually left to reliance on anectodical evidence, which is unsatisfactory….
…predict possible outcomes of certain arguments. At the same time, such tendency is not visible in the commercial arbitration setting, where there is more “anecdotal evidence”, i.e. unverifiable and unquantifiable…
…the first awards related to SDGs (including climate change), international instruments and procedural reforms are taking place on parallel tracks to prepare for the anticipated increase in caseload in this…
…Conduct of Proceedings in International Arbitration (“Prague Rules”) as a response to what was seen as the common law assumptions underlying the IBA Rules on the Taking of Evidence in…
…IBA Rules on the Taking of Evidence in International Arbitration support this with a specific provision enabling the exclusion of evidence where there are grounds of special political or institutional…
…(Article 44), the BAC investment arbitration rules in 2019 (Article 39), the CAM arbitration rules in 2020 (Article 43), the ICC arbitration rules and the VIAC investment arbitration rules in…
…as evidence for the judgment has been forged or fraudulently altered” (Article 451(1)(6)); “When the false statements by a witness, an expert witness or an interpreter, or those by a…
…in completing the work. The parties agreed their disputes to be resolved by arbitration in accordance with the Rules of Arbitration of the Istanbul Chamber of Commerce Arbitration and Mediation…
…of the rules explicitly targets supplies of Russian natural gas as such. Nevertheless, as a consequence of the Regulation’s general language, some sanctions now may as well affect natural gas…
…the clear and convincing evidence standard. However, others argue that the standard of the preponderance of evidence should apply. Regardless, a party can rely on circumstantial evidence or red flags…
…Rules prominently include the rules of procedure for arbitration proceedings initiated under the constituent treaty of ICSID, the 1965 Convention on the Settlement of Investment Disputes Between States and Nationals…
…always free to choose the rules that they prefer when selecting Frankfurt as the seat of arbitration (such as the ICC Rules or the DIS Rules). Regarding the latter, the…
