…them through the lens of ICSID’s recently modernized rules and the reform of ISDS being undertaken in the European Union. The speakers offered their opinions, complemented by their own firsthand…
…in the arbitration agreement to shorten the phase of constituting the arbitral tribunal and thus increase the efficiency of arbitration proceedings. Based on historical evidence such as Roman law and…
…digital signature of awards and its implications for enforcement purposes, the evolution in the rendering of evidence and production of documents arising from technological advances, the benefits and disadvantages of…
…of China’s treatment of third-party funding in litigation and arbitration: PRC courts have taken a conservative and cautious attitude in reviewing funding companies taking stakes in litigation outcomes but have…
…Clause 20 of the Contract and a three-member panel composed by John Fellas, Adam Constable KC and Andrew White KC (the “Tribunal”), established under the arbitration rules of the London…
…arbitration under the UNCITRAL Rules, although, for some reason, the old 1976 rules and not the new ones, which notably include the transparency rules. Moreover, the parties involved in an…
…flexibility of procedure and availability of specialized procedural rules; (4) worldwide coverage of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) enabling cross-border recognition…
…contrary, the Court found that the decision of the Tribunal was grounded on principles and rules regarding compliance with contractual commitments that were consistent with rules under Colombian law on…
…additional considerations come into play: the award-debtor must provide “highly convincing” evidence that it is entitled to vacate that recognition and must show “why its conduct, as a matter of…
…the parties had agreed to resolve disputes arising from the contract by arbitration pursuant to the LCIA rules, that the parties had indicated English law as the governing law of…
…basis of proffered new evidence, including new testimony from Germany’s witnesses who now wanted to alter their testimony and a new exhibit: a coded message written in lemon juice in…
…these claims. In particular, it recognizes that although limitations to arbitration (such as in transparency and third party participation) exist, amendments have already been made to institutional rules to better…
…BIT itself, either as a principle of interpretation or by importation to the BIT of external rules as a matter of construction. Since the Second World War, a huge domain…
…by an arbitral tribunal in accordance with the Arbitration Rules of the German Arbitration Institute (‘DIS Rules’); and (ii) expressly references, or at least tacitly incorporates, the Supplementary Rules for…
…with the need for virtual hearings several Institutional arbitral tribunals have framed rules for conducting virtual hearings. He suggested that the arbitral institutions in India should also draft and adopt…
…accuracy of the work product can be addressed by requesting sources, as I discuss below. If applied to a closed and cyber-secure body of evidence,1)A closed system of evidence would…
…the country. In other words, a strong evidence of the country’s risen role in the international market. This outcome, of course, was a result of the restless work done my…
…with a plethora of suggestions (although sometimes worded as sacrosanct rules) for improving the typography of your legal writing. The above selection of suggestions presents merely a fraction of what…
…Service through its use of user data. Instagram’s 2013 Terms of Service provided for arbitration pursuant to the American Arbitration Association’s rules for arbitration of consumer related disputes. The terms…
…could not find any evidence of a witness taking their oath. Ms. Shahdadpuri thus advised caution regarding the taking of oaths in arbitrations in the Middle East, especially in the…
…and proxy rules (primary rules surrogating the content of FET). The usage of proportionality has been able to grow because it is a diagnostic tool and a method of analysis…
…storage of energy since renewable energy requires new structures and grids to be adapted to this new type of energy. Taking the example of off-shore wind energy, Jurriaan Kien referred…
…applying to all third-party funders who fund arbitrations “taking place” in HK. This Code of Practice sets out that (i) there must be the informed consent of the funded party,…
…not prejudge the merits (e.g., measures aimed at preservation of evidence or production of documents or security for costs). According to Sébastien Besson, the notion of provisional measures has evolved…
