…million made, the buyer failed to obtain the required project financing and initiated arbitration under the rules of arbitration of the Milan Chamber of Arbitration (CAM) for restitution of sums…
…to meet in person). Many arbitration rules and guidelines have been amended to expressly allow proceedings to be conducted virtually, including the ADGM Arbitration Regulations 2015 (which were amended on…
…international law rules in most jurisdictions and the New York Convention. Even if the New York Convention model were considered appropriate for litigation, however, it is extremely difficult to accept…
…mechanisms for ensuring the independence and impartiality of individual arbitrators. Both commonly used institutional arbitration rules and virtually all national arbitration legislation uniformly require that arbitrators be “independent and impartial,”…
…Rules Article 3 of the Convention prescribes three basic rules regarding choice-of-court agreements. First, Article 3(b) provides that a choice-of-court agreement is deemed to exclude the jurisdiction of all courts…
…became the Swiss Arbitration Centre (the Centre), and (ii) the revised Swiss Arbitration Rules entered into force (the 2021 Swiss Rules). The 2021 Swiss Rules, on which this post will…
…2016 SIAC Rules and 17.3 of the UNCITRAL Rules, for example – such that the decision could have some impact on arbitrations under those rules. However, the challenges in this…
…reimbursement by the respondent before the final award is rendered and costs are allocated. The article will discuss the position under various institutional rules and draw a comparative analysis between…
…from reduced traffic and easier-to-observe social distancing rules and progressed at a faster than usual rate (not yet reaching, however, such a speed as to have contractors benefit from bonuses…
…laws and uncertainty as to what rules shall prevail. Theoretically, this conflict should not be an issue. The general Russian law rules of interpretation being applied, the provisions of the…
…two well-known institutions’ rules (the ICC and the LCIA) – remain challenging and relatively rare. However, the most commonly used rules in international maritime arbitration are those of the London…
…valid arbitration agreement and the application of rigid rules of waiver or technical defaults is clearly inconsistent with the fundamental pro-enforcement treatment of arbitration agreements under the New York Convention….
…witness statements, as PD57AC came into effect. Witness statements in the English Courts became the norm with the introduction of the Civil Procedure Rules (“CPR”) in 1999. The intention was…
…African states are parties to the New York Convention. ↑2 Article 5 of the CAJAC Rules. ↑3 Article 34 of the CAJAC Rules. ↑4 Article 34 of te CAJAC Rules….
…be required. What is the Added Value of Specific Rules for Registration of International Arbitral Institutions? The two international institutions that exist in Ukraine are the International Commercial Arbitration…
…investment regime, with diverse substantive standards and diverse procedures for adjudication. Such diversity will not produce the predictable, consistent and stable rules that the reformers are seeking. Instead, reformers are…
…entities and those involving publicly listed companies. This autonomy is revealed when the parties choose the applicable rules to their arbitration. Therefore, confidentiality is a rule set forth in several…
…some arbitration rules explicitly address the matter. If the applicable rules do not do so, the tribunal has discretion to delegate certain tasks to the secretary, as long as they…
…room, they continued to draft the rules in the old insurance offices. Eventually, the tribunal secured funding for one, and then an additional two, court rooms. In the meantime, in…
…a claim under the ICSID Convention, the ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules or any other rules on agreement of the disputing parties (Art. 27). Failing to do…
On April 19, 2021, the Secretariats of the International Centre for Settlement of Investment Disputes (ICSID) and the United Nations Commission on International Trade Law (UNCITRAL) released the second draft…
…legal perspective, the arbitrator must consider whether the parties have agreed to proceed remotely and whether there are any restrictions related to remote proceedings derived from the rules applicable to…
…Hong Kong and Singapore. It also examines relevant provisions in the rules of the major arbitral institutions in each of these jurisdictions. It concludes that Singapore and Hong Kong have…
…that enforce existing rules against the investor’s own wrongdoings. Second, no compensation may be required for regulatory measures that abate threats that the investor’s activities pose to public health, environment…
