…cultural export. Psy’s hit inspired admiring imitations all over the world, even at MIT in Boston. Like the Prague Rules and institutional proposals for active case management, they offer techniques…
…and allow parties to agree to any institutional rules or agree on their own procedural rules if interested in a more flexible process. It also guarantees that local courts will…
…the international community, are hierarchically superior to other rules of international law and are universally applicable. By contrast, the term “erga omnes obligation” was crafted by the ICJ in the…
…is stipulated in article 8(3)(c) of the QFC Law as well as under article 9.1.4 of the QFC Court Regulations and Procedural Rules (“Rules”). These provisions provide that the QFC…
…disputes, one may wonder about arbitration. This post aims at providing insight thereof. Setting the Scene A standard is a document setting out technical specifications, guidelines or rules for…
…elements to the Center’s success, what is the main difference or advantage between these rules and rules issued by other institutions? Is there a particular feature of the rules that…
…provided for by the applicable sports rules, limitations of the guarantees of Article 6(1) ECHR contained in the applicable arbitration rules can be valid if they are “free[ly], lawful[ly] and…
…can be for lawyers to become aware that – during a hearing – they are immersed in a “staging”: a professional game with specific rules in on which they need…
…the dispute in that forum, they may then proceed to arbitration under the ICC rules. The Employer sued the Contractor before the Court of First Instance, Dubai, for over AED…
…Rules; the UNCITRAL Arbitration Rules; or, any other arbitral institution or arbitration rules that the claimant and respondent agree on (Article 9.19.4). The arbitration must be commenced within three years…
…environmental rules, and the possibility of third-party participation in environmental disputes. Enforcement Mechanisms In the TCA, environmental matters are included in Chapter 7 and are categorized as essential elements. If…
…referring to existing rules on class arbitrations. One example of such framework is the American Arbitration Association (the “AAA”) which administers class arbitrations according to its Supplementary Rules for Class…
…here and here). The Evolving View of the Court By way of reminder, Art. 16(3) provides that “if the arbitral tribunal rules as a preliminary question that it has…
…full-fledged arbitration – and thereby also agree on arbitration rules applicable to such proceeding – the cost for the arbitration proceeding will be in line with those rules. It is…
…for court intervention.1)ICSID Convention, Regulations and Rules, ICSID/15 April 2006. However, States do sometimes seek to resist their Convention obligations, in which case the matter may end up before a…
…to provide a copy of: a document initiating arbitration proceedings (Initiation document), which can either be a request for arbitration or statement of claim, depending on the Rules chosen, and…
…on the beneficiary under the applicable national rules’. For that reason, not the moment of payment was the decisive criterion, but the moment of ‘the acquisition, by the recipient of…
…reservations and carve-outs adopted in the Award and the associated Dissenting Opinion. I suggest that it is through the application of the ordinary rules of treaty interpretation that adjudicators will…
On 15 January 1986, Ecuador signed the Convention on the Settlement of Investment Disputes between States and Nationals of other States (“ICSID Convention”). During President Rafael Correa´s administration (2007-2017), President…
…State-owned power operator (which in 2000 was in the process of privatisation). The agreement contained a clause referring disputes to arbitration under the rules of the Arbitration Chamber of the…
…and institutions themselves – determining questions of waiver of arbitrator conflicts under national law or arbitral rules. Those decisions must take proper account of the high value of the right…
The Vienna International Arbitral Centre (VIAC) has further strengthened its arbitration offering by adopting brand new, stand-alone investment arbitration and mediation rules, the VIAC Rules of Investment Arbitration and Mediation…
…the 2019 Netherlands Model BIT (Art. 20(6)), and rules of arbitral institutions (see e.g. Art. 11.4, 13.4 of the 2018 HKIAC Rules; and Art. 5(5) of the 2020 LCIA Rules)…
…recast regulation, leading to the application of French private international law rules to determine the competent courts. The Paris Court of Appeal further considered that French courts have jurisdiction to…
