…its scope of application. Others, such as the definition of sports rules, do not have an economic nature and thus fall outside it. Sports rules might, however, limit access to…
…with respect to the parties. An illustration of this being Article 10 of the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce, which provides that the…
…cf. paras. 33, 36, 53). In the absence of specific rules on incorporation of standard conditions in the CISG, the BGH applied Article 8 CISG on contract interpretation. Because of…
…the dozens of articles published by practitioners on firm websites and the arbitral forums and credentialing organizations have contributed new rules and guidelines. Kluwer responded with remarkable speed by compiling…
Environmental concerns now play an increasing role in investment disputes. In this regard, this post analyses the interpretation of an environmental carve-out in an investment treaty in the decision on…
…5. Any well-seasoned common-law practitioner would be very uncomfortable with the very idea. Even the rules of evidence taught in most countries will not apply in international arbitration. Instead, international…
…to the dispute as part of the governing law of the contract or as overriding mandatory rules, rather than facts that frustrate the contract’s performance. The issue here is that…
…viewed as “transnational public policy” rules (see ILA report, Recommendation 2, (b) and 3(b)). International public policy rules in relation to due process concern procedural guarantees and remedies against unfair…
…the Sub-committee’s final report. The Bill is expected to pass into law later this year along with subsidiary legislation enacting more detailed rules and safeguards.16)Hong Kong’s Legislative Council Panel on…
…Interactive Arbitration Rules 2021). There have also been developments in the JCAA’s mediation rules. In 2020, the JCAA promulgated new Commercial Mediation Rules applicable to domestic arbitration and mediation. The…
…in the Pacific – for example, the Guangzhou Arbitration Commission has made some recent innovations in its online dispute resolution rules. Eric Chang also mentioned that the current Russia-Ukraine conflict…
…partnership between IFTA and the AAA-ICDR, effective January 4, 2022. According to a January 2022 press release, “IFTA and the ICDR worked together to promulgate new Rules for IFTA Arbitrations,…
…lawyers, there is hardly any awareness or sustained discussion about the limitations of overlooking diversity of professional backgrounds, perhaps partly because arbitration rules usually do not require arbitrators to have…
…as withdrawn and there was also no action taken by the claimant to resubmit the case to arbitration in line with the applicable rules (i.e., the DIAC 2007 Rules Appendix…
…Panel of Investor-State Mediators. Meg Kinnear (Secretary General of ICSID) noted that the ADGM’s initiative perfectly complements ICSID’s own initiative in introducing Investor-State Mediation Rules, which have been approved by…
The recent Award in AFC v. Colombia dated 24 February 2022 provides new developments on the scope of Rule 41(5) of the Arbitration Rules of the International Centre for the…
…after the date of termination and without prejudice to the application thereafter of the general rules of international law”. Depending on the termination clause of a particular BIT, such a…
…of arbitrators expands, networks can run short. Meanwhile, ethics rules prohibit all but the most perfunctory questions in arbitrator interviews. Questions about procedures in the case are definitely off-limits. As…
…release of frozen assets, this limitation may create yet another obstacle for arbitral institutions and their banks. Potential Implications of the Rules on the Exclusive Jurisdiction of Russian Courts Due…
…rules as well as updated fact-finding rules. What was the main driver leading to the development of these rules? How do you anticipate that mediation or fact-finding proceedings under these…
…the long-awaited, new DIAC arbitration rules (New DIAC Rules), which came into effect as of today (21 March 2022). The New DIAC Rules will apply to all requests for arbitration…
…institutional rules exclude the possibility of any non-mandatory appeals (see for example Rule 26.8 of the LCIA Rules, and Article 35(6) of the ICC Rules). This provision has always been…
…to the commonly adopted IBA Rules on the Taking of Evidence (2020) (“IBA Rules”). (For previous posts on the Prague Rules, see, e.g., here, here, here, here, here and here.)…
…disputes falling in the second category – which are settled through arbitration under the ICSID Convention, UNCITRAL rules or under any other arbitration rules – that the treaty has introduced…
