Kluwer Arbitration ITA Arbitration Report, Volume No. XX, Issue No. 11 (August 2022)
…if the applicable arbitration rules (here: the former CAS rules) do not provide for the right to request a public hearing. The reason is that in case of such a…
Search Results for: prague rules
Central Asia, Challenge of Arbitral Award, Court Assistance, Interim measures, Recognition and enforcement of arbitral award, Suspension of Proceedings, Termination, Uzbekistan
A Clearer Roadmap for Arbitration: Uzbekistan Enacts Helpful Legal Reforms
…sections. Section 1 (Articles 2321 to 2324) regulates the general rules for consideration by Economic Courts in cases related to the provision of assistance to arbitration proceedings. Section 2 (Articles…
Interpreting Away Treaty Conflicts? Green Power, ISDS and the Primacy of EU Law
…where the two apparently conflicting rules can be reconciled (Pauwelyn, at 272). This was not the situation in Green Power, however, where two rules plainly clashed: Article 26(3)(a) required Spain…
How Far Goes the Deadline for Vacating an Arbitral Award? A Brazilian Perspective
…forth in the BAL and in the applicable arbitration rules – in that case, the ICC Arbitration Rules. However, the Court concluded that the second motion for clarification filed in…
KluwerArbitration ITA Arbitration Report, Volume No. XX, Issue No. 10 (July 2022)
…Kong International Arbitration Centre (HKIAC) In this case, HKIAC decided on a prima facie basis to proceed with the arbitration under the 2018 HKIAC Administered Arbitration Rules (“2018 Rules”) in…
Towards Greater Efficiency in Document Production
…Rules on the Efficient Conduct of Proceedings in International Arbitration (the “Prague Rules”). The Prague Rules offer an alternative to the IBA Rules and were designed to provide a civil…
Anti-suit Injunctions Against Sovereign States: The English High Court Weighs In
…the absence of a recognised rule of customary international law, the domestic rule is compatible with article 6(1) if it is within the range of possible rules consistent with current…
KluwerArbitration ITA Arbitration Report, Volume No. XX, Issue No. 9 (July 2022)
…Industrial Steel Construction, Inc. (“ISC”) to fabricate structural steel for the bridge. In their contract, they agreed to submit any disputes to arbitration under the AAA Construction Industry Rules, and…
Arbitration Framework in Andorra: A Recent Law and a New Arbitration Institution
… The ATPA Arbitration Rules The ATPA Arbitration Rules have been adopted by the Assembly and are in force since January 2021. Short and modern with only 27 provisions, they…
GSI v. Canada: Old Problems and New Take-Aways concerning Counsel Conflicts
…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…
Admissibility of Third-Party Funding in Arbitration Proceedings in Serbia: A Search for a Definitive Answer
…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…
ECT Modernisation, Environment, ESG, EU Law, Investment Arbitration, Investment Disputes, Investment law, Investor-State arbitration, ISDS Reform
ECT Reform: The Final Countdown
… 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…
Code of Conduct, Conflicts of interest, Disclosure, double hatting, ICSID, Independence and Impartiality, Institutional Rules, Investment Arbitration
NYIAC Grand Central Forum: Double-Hatting and the ICSID-UNCITRAL Draft Code of Conduct for Adjudicators in International Investment Disputes
The New York International Arbitration Center’s (“NYIAC”) annual Grand Central Forum took place on 13 July 2022. The event coincided with the 55th session of the United Nations Commission on…
Are Investment Treaties “Zombies”, Unfit for Decarbonization Purpose?
…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…
Can a Legacy Investment Claim Be Made under the USMCA for Measures that Were Adopted after the Termination of NAFTA?
…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 Pechstein Saga Continues: The German Federal Constitutional Court Grants Another Round on the Rink
…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…
Arbitration Meets M&A Transactions in Difficult Times: 6th Edition of the “Dispute Resolution in M&A Transactions” Conference in Warsaw
…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…
A Brief Comment on ALArb’s Protocol for Virtual Arbitration Hearings
…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…
Berlin Court Finds that ICSID Arbitrations Are Immune from Achmea and Komstroy – At Least While They Are Ongoing
…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…
Fit for Print: the “El Clarín” Saga Leads to US$ 550 Million Enforcement Order by Spanish Courts
…Court of Arbitration under the UNCITRAL Arbitration Rules. The Claimants argued that this proceeding was distinct from the previous proceedings, as they brought claims related to Chile’s lack of compliance…
Adhesion Contracts, Brazil, Brazilian Superior Court of Justice, Competence-Competence, Enforcement of arbitration agreement, Pathological arbitration agreement
Brazilian Superior Court of Justice (STJ) and the exceptions of the Competence-Competence Principle
…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…
Amicus Curiae, Arbitration, Arbitration Award, empirical data, Empirical Research, Procedure, Transparency, Transparency in investment arbitrations
Can Amicus Curiae Lead Investor-State Arbitration out of its Legitimacy Crisis and Towards More Efficient Dispute Resolution?
…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…
Arbitration Tech Toolbox: Technology-related Dispute Resolution: Tailored Rules at UNCITRAL
…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 of Arbitration for Sport, Duty of Curiosity, Duty to Disclose, Federal Supreme Court of Switzerland
Has the SFT “Toughened” the Duty of Curiosity while “Softening” the Duty of Disclosure?
…the SFT extended the 7-day limit for filing a challenge ex R34 CAS Code to the fulfillment of the Appellant’s duty of curiosity, reasoning as follows: the rules of good…