…wind power project. The tribunal found insufficient evidence that Tennant benefited from an “oral trust” or that Tennant’s principal controlled the investment. Moreover, the tribunal did not find evidence that…
…consistent with the will of the parties. They argued that the incorporation of the ICC Rules also contradicted the mandatory rules of the lex arbitri, as the Rules state that…
…Hague Rules. The notion of human rights-specific arbitration rules remains attractive for rightsholders, but only time will tell if the Hague Rules will be incorporated in transnational commercial agreements and…
…under the ICSID Convention and Rules, leading to an ICSID Convention award enforceable in Ireland under s.25 Arbitration Act, with High Court leave. Other claims lead to a New York…
…It highlights the progress of such reforms and looks ahead to what 2023 and beyond might bring. ICSID 2022 Rules On January 2022, ICSID submitted its amended rules to…
…rather than dispute resolution before the ICAO Council. Such arbitral panels have the discretion to set the rules of jurisdiction and procedures. These rules typically provide that parties are bound…
…their arbitration rules to include emergency arbitration provisions. For example, Art. 29 and 30 of the ICC rules. References[+] References ↑1 Mungi Ngomane et al., Everyday Ubuntu: Living Better Together,…
…of the CJEU in PL Holdings and set aside an arbitral award (which was rendered by a tribunal seated in Stockholm under the Arbitration Rules of the Arbitration Institute of…
…and the constitution of the arbitral tribunal; any provisional, interim, or emergency arbitrators; the design of fact-finding procedures and evidence–taking (including whether depositions, written interrogatories, or other modes of discovery…
…nations.” As the Blog reported earlier, the commercial arbitration tribunal at the center of ZF Automotive, which was constituted pursuant to a contract under the German Arbitration Institute (DIS) Rules,…
…2022. We discuss these major developments below. Modernization and Cooperation On July 1, 2022, ICSID issued its 2022 Arbitration Rules with important changes that included an expedited proceeding to…
…about building a case. The preparation of a case was divided into three distinct but somewhat overlapping phases. Key pointers included to allow for sufficient time to gather the evidence,…
…in relation to binding arbitration clauses in furtherance of the rule of law“. This licence will cover all cases administered on the basis of the LCIA Rules. An individual licence…
…arbitration over institutional arbitration in the AAA Survey, it should be examined if ad hoc arbitration results in lengthy disputes. On the other hand, institutional rules can set a deadline…
…on heads of Ukrainians. Missiles destroying Ukrainian cities and taking people’s lives. Each Ukrainian will always remember his or her “Wake up, the War has begun”. Each Ukrainian will never…
…claimant’s third-party funder violated the confidentiality requirement under the arbitration rules. The PRC court rejected this argument and gave detailed reasoning on TPF’s impact on confidentiality of arbitration seated in…
…procedural rules adopted by international organisations like the United Nations Commission on International Trade Law (UNCITRAL)? Should the course encompass also questions around the enforcement of international investment arbitration awards…
…and publications The 2022 volume further contains announcements of new arbitration rules and of recent developments in the law and practice of several countries, as well as an extensive bibliography….
…would be far less packed.” Further, discrimination on the basis of accent is not confined to accents from a specific country. Taking British English as an example, research by Levon,…
…Working Procedure Proclamation No. 1237/2021 on Arbitration and Conciliation (the Proclamation). The Proclamation resulted from the inclusion of modern international arbitration rules and principles. One of these significant milestones is…
…in the circumstances of the present case Law No. 43 constitutes consent to the [ICSID’s] jurisdiction, the Tribunal will apply general principles of statutory interpretation taking into consideration, where appropriate,…
…ex parte basis are considered under the Section 1782 statutory requirements and the Intel factors or solely under Rule 45 of the Federal Rules of Civil Procedure (“FRCP”) as subpoenas…
…(CAM-CCBC) also launched new Arbitration Rules in November 2022, which replaced its 2012 Arbitration Rules. Among other changes, the new Rules (i) allow the CAM-CCBC to manage UNCITRAL arbitration proceedings;…
…and mediation handled by arbitrators and mediators with expertise in both domestic and international sports disputes. The TCAS also has specific procedural rules adapted to the needs of the sports…
