…of Commerce and Industry’s Rules on Impartiality and Independence of Arbitrators was adopted in 2010 (the “2010 Rules“). The Rules significantly contributed to establishing arbitration as a reliable way to…
…the way questions are framed and phrased by counsel in arbitration proceedings, and the fact that the purpose of factual witness testimony in international arbitration is not always about facts,…
…SCC Arbitration Rules 2023 The SCC Arbitration Institute has published revised versions of its Arbitration Rules which entered into force on 1 January 2023. Hanne AARSHEIM and David SANDBERG present…
…Rules, art. 14.1) and recognise the tribunal’s power to “emplo[y] technology to enhance the efficiency and expeditious conduct of the arbitration” (LCIA Rules, art. 14.6(iii)), and to “adopt suitable procedures…
…on the seat of arbitration, the seat of arbitration is presumed to be the Philippines.4)MC 8, Sec. 9. Parties are to refer their disputes to arbitration only after compliance with…
…continuing trend toward an increase in the “arbitration friendliness” of the Courts. Third, – as in previous years – the Polish arbitration market prefers institutional arbitration over ad hoc arbitration,…
…by this blog, speakers discussed the role and future of investment and commercial arbitration and mediation, international legal principles, and best practices in the field – providing a microcosm for…
…Selected Provisions The new law will progressively substitute the “old” arbitration law. Indeed, from April 24, 2023, the new law became immediately applicable for already constituted arbitral tribunals with regards…
…serves to highlight the wide range of disputes that can arise within the industry as well. In short, by using the WIPO Mediation, Arbitration, Expedited Arbitration, and Expert Determination Rules,…
I first discovered the resemblance between the concepts involved in blockchain arbitration and John Rawls’ ‘veil of ignorance’ while conducting research on the metaverse and arbitration. With the recent enforcement…
…who are not part of a contract–would consent to arbitration. By way of example, in the US context, plaintiffs would have to be convinced that an arbitration would be more…
…to litigate/arbitrate the main dispute. Categorically, institutional arbitration rules do not contain a definition for expert determination, and it is not considered a form of arbitration. Usually, there is no…
…UNCITRAL also recently completed the development of its expedited arbitration rules and is working on new projects to address the needs of its members on insolvency, trade finance, digital trade,…
…Rules and the Chartered Institute of Building Set of Rules which also have specific rules regarding integrity. He likewise related the difference between the US and UK in terms of…
The increased globalization of business and the rising popularity of arbitration as a standard method of alternative dispute resolution (“ADR“) has fostered an intersection of arbitration and insolvency. Arbitration is…
…academics, WTO dispute settlement panelists are often current or former government officials who may not have legal training. In investment treaty arbitration, there is a concern that double-hatting may undermine…
…are typically bound by their ethical rules irrespective of the place of arbitration or the substantive law of the dispute, any AI-related guidance or rules issued by their regulation authority…
…have attempted to settle the dispute amicably through consultation and – for arbitration – provided that both parties have consented to arbitration and the arbitration rules (Art. 27). The principle…
Can an arbitration agreement be binding on a party that did not sign it? Generally, an arbitration agreement only binds its signatories. This is a transnational principle, also anchored in…
…was unable to demonstrate that the parties intended for English law to be the law of the arbitration agreement, the substantive rules of French arbitration law would apply. On that…
…and can only be initiated if parties have agreed to do so. As most arbitration laws, the Brazilian Arbitration Act (“BAA”) provides for the enforceability of an arbitration agreement if…
…provides a list of six circumstances in which an arbitration agreement will be found invalid, e.g., if the person signing the arbitration agreement lacks legal authority to do so, or…
…In Kyrgyzstan, there are currently four registered institutional arbitration courts: the ICA CCI KR (established in 2002); the Jalal-Abad Regional Arbitration Court (2013); the Central Asian Arbitration Court (2015); and…
…(Vienna Moot), hugely inspired more than a generation of young arbitration lawyers and we cannot thank him enough for his contributions to the arbitration community. At Wolters Kluwer, the Vienna…
