…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…
…taking climate change measures to limit fossil fuel exploitation, resulting in regulatory chill. On this basis, civil society and other that international investment law (and ISDS) conflict with the imperatives…
…by Topic or Quick Answers cover, among other arbitration steps, the appointment and challenge of an Arbitrator, including the opportunity to compare by jurisdiction or institutional rules. An advantage of…
…right to annul an award has been ratified by law. The ICC Rules have the force of law. Implied waiver of the right to object to any irregularity of the…
…inquire about the accuracy and evidence supporting claimed sustainability commitments. More claims against States in response to climate actions are expected. Claimants will rely on bilateral investment treaties and contract-based…
…is bound by it. This post will further analyse these views, arguing that the divergent reasoning highlights the fraught issue of characterisation under the English choice of law rules, and…
…civil procedural rules of the other jurisdiction. Further, applications for court-ordered interim measures must be processed as expeditiously as possible. In addition, subject to the applicable local legal requirements in…
…As you have mentioned, the KCAB International Arbitration Rules (“KCAB Rules”) were revised significantly in 2016 to include, among other things, an emergency arbitration procedure, joinder and consolidation provisions and…
…also expected that arbitral institutions and governments in Africa will find the survey useful when establishing or revising their rules in relation to costs and disputes funding. The full…
…our new Rules, which entered into force on January 1, 2022. These Rules follow an innovative approach which allows to maintain more flexible arbitrations and at the same time provide…
…rendered a 600 pages judgement, reflecting an incredible feat and an attention to fairness that only London could offer. Second, the flexibility of the LCIA rules was considered unique. In…
…transition is uncomfortable and requires immense work and efforts. Despite potential damages under BITs, not taking regulatory action to curb climate change will be more expensive for everyone. In that…
…And, she continued, in the US there is currently a wide practice of companies taking advantage of publishing sustainability reports, which are visually pleasing, but nothing more as usually lack…
…by Brexit, as US companies are planning to increase their presence in England. London remains a very attractive place for business – anecdotal evidence for this is that (most) major…
…conflicts between arbitrators and counsel of parties. Uff clarified that while this situation is covered by the IBA Guidelines on Conflicts of Interest in International Arbitration 2014 when there is…
…it brings to the UAE jurisdiction. They view the unification of Dubai’s different arbitral institutions under the umbrella of an improved DIAC with a revised set of arbitral rules and…
…the CEMAC Arbitration Rules), which is also different from the pattern in the majority of other arbitration rules. For instance, under Article 15 of the Arbitration Rules of the OHADA…
…concluded that, under the ICC Rules, in the absence of an agreement by the parties to the contrary, the arbitral tribunal has the power to impose sanctions.3) See, for example,…
…in the judgment granting leave to appeal (paras. 2, 27-28), the CA had refused to issue an anti-suit injunction to prevent Plaintiffs from taking further steps before the Oklahoma court….
…firms that are chosen after taking into account the initial analysis of the case, the amounts claimed, the expected complexity and risks, and the quality of the opposing counsel. Boutique…
…vague but applicable and routinely applied rules. The problem appears at the application level, where we can identify good and bad examples of the rule’s application. Thus, U.S.is addressing the…
…a copy of the award certified by the Secretary-General of ICSID. Predicting potential criticism of the Turkish Court of Cassation taking a formalistic approach,3)See for example Nuray Ekşi, ICSID Hakem…
