…a list of issues to be determined”, the ToRs themselves indicated that they were subject to Article 23(4) of the ICC Rules, which provides as follows: “After the Terms of…
…carried out in practice only under the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC Rules”). Conducting EA proceedings in investment disputes is usually associated…
…a further serious indictment of the Convention. There are extraordinarily important differences between the rules appropriate for forum selection and judgment recognition on a global basis (like the Convention) and…
…a valid choice of court agreement (Article 5(1), Article 9(a)).” This is a dramatic departure from both existing private international law rules in most developed jurisdictions (in which the recognizing…
…it seals the process of decision hermetically against any and all other rules. We take note the caveats identified some time ago against exaggerated notions of self-containment in treaty systems,…
…is always the same: top flight service and venue for all your arbitration needs. Notably, NYIAC does not administer arbitrations or publish arbitration rules. However, the “NYIAC Rules” webpage…
…and adopted relevant rules. Yet, despite the wide implementation of officially sanctioned remote means of communication, the danger posed by potentially unethical technological advancements, such as AI manipulated media, was…
…to directly apply “the law or rules of law which it determines to be appropriate”. This adopts the approach in Article 35(1) of UNCITRAL Arbitration Rules which is also the…
…Rules (“EAR”) (subject to completion, without objection, of a silence procedure). The EAR modify certain aspects of the UNCITRAL Arbitration Rules (“UAR”) and must be read in conjunction with them….
…succeed on the merits of the claim.” Article 23.4 of HKIAC Administered Arbitration Rules (2018) (“HKIAC Rules”) adopts the same applicable standard as Section 36 of the Arbitration Ordinance. It…
…arbitration forums. Traditionally, Hong Kong’s BITs have referred to settlement of disputes using only the UNCITRAL Arbitration Rules. For example, the Hong Kong-Japan BIT provides that after a period of…
…launch of the SCC Emergency Arbitration Rules in January 2010 and the reasons behind and beyond the Emergency Arbitration procedure, in particular providing users with quick access to interim measures,…
…rules Arbitration rules confer broad discretion to decide issues of admissibility. As a starting point, UNCITRAL Model Law Article 19(2) states that ‘the power conferred upon the arbitral tribunal includes…
…2019, 2) Interactive Arbitration Rules 2019, and 3) UNICITRAL Arbitration Rules 2010 and Administrative Rules for UNCITRAL Arbitration 2019. The Commercial Arbitration Rules 2019 was designed to make arbitration more…
…before the CAS. The three-bench tribunal of the CAS found Sun Yang guilty of violating the doping test rules and handed him an eight-year suspension. Later, Sun Yang sought annulment…
…of the 2013 UNCITRAL Arbitration Rules, the PCA tribunal unanimously dismissed the entire case for lack of jurisdiction ratione personae, in accordance with the provisions of the Investment Chapter of…
…the Optional Rules for Arbitration of Disputes Relating to Outer Space Activities in 2011. These rules provide flexibility to appoint experts in outer space law as arbitrators, guaranteeing that tribunals…
…the years, ranging from universal international rules of ethics to choice-of-law rules and specialized checklists, as discussed in previous contributions to this blog. Since the “happily ever after” is not…
The Vienna International Arbitral Centre (“VIAC”) announces its most recent update to the VIAC Rules of Arbitration and Mediation (the VIAC Rules of Arbitration and Mediation 2021) taking effect on…
…Settlement of Investment Disputes Arbitration Rules (the “ICSID Arbitration Rules“). Hence, entering into the ICSID Convention alone does not imply the assignment of any sovereignty of the Ecuadorian State. Notably,…
…regarding issues governed by this Agreement…”. The tribunal recalled the absence of admissibility rules for counterclaims under the UNCITRAL Rules and followed the two-step approach in Saluka, to confirm that…
…enforce an arbitral award is required to produce two documents with the High Court (Order 69 rule 8, Rules of Court 2012)]: (a) the duly authenticated original award or a…
This blog post examines the approaches of Belarusian law and judicial practice to the application of public policy rules. Considering specific cases, the author makes suggestions for mitigating the risks…
…arbitral institutions have moved in this direction. For example, the most recent 2020 LCIA Rules, provide for electronic communications as a default (Article 4 in relation to requests of arbitration…
