…have been cases where the parties to the dispute have agreed not to apply the treaty provision relating to costs. The ICSID Rules grant arbitrators broad discretion for allocating costs….
…greater understanding of evidence in international arbitration and consequently use this data to advance arbitration practice in Australia (and abroad). In the face of climate change, a common theme throughout…
…rendered by a sole arbitrator in a domestic arbitration under the rules of the Swiss Arbitration Centre (“Swiss Rules”), finding that there had been no violation of the right to…
…nomenclature, rules, and arbitration prospects Top of mind for many practitioners this year was the role of arbitration in the resolution of technology disputes. UNCITRAL held a Colloquium that explored…
…changed radically. In addition to the entry into force of the new Hungarian Arbitration Act and the former arbitration rules (“Former Rules”) of the HCAC, the new Hungarian Code of…
…Estatal Petroleos del Ecuador — tribunals have shown an increased willingness to admit such claims within the limitations imposed by the underlying IIAs or contracts, and the procedural rules applicable…
…Charter Treaty (ECT). Croatia responded in 2014 by initiating arbitration proceedings based on the Shareholder Agreement under the UNCITRAL Rules, arguing that, on account of the alleged corruption on the…
…ICSID annulments. The author proposes a feasible restructuring of annulment appointment and challenge procedure under the ICSID Arbitration Rules as a potential rectification of these procedural flaws, including a dispersal…
…here. As such, in the investment arbitration field, the VCLT’s rules are relied on extensively, in particular the VCLT’s rules on interpretation, in Articles 31 through 33, which are frequently…
…amongst many aspects envisioned the creation of a “record of evidence” with a statement of “Claims information […] caused by internationally wrongful acts”, documentary evidence of “damages, loss, or injury,”…
…the way for the development of regional and national rules protecting investors. However, panelists were cautious about the prospect of a new global regime for space investments in the coming…
…participants’ roles in a PCA arbitration taking place in Ecuador, so as to guarantee the independence and neutrality of the proceedings regardless of their situs. As for the PCA, its…
…Conduct) Rules 2015. However, there is no express requirement to disclose the AFA agreement or the terms therein. While the agreement or the terms therein may arguably fall within the…
…changes brought by Decree No. 34/2021, which provided for the consolidation of local arbitration centers into a single institution, DIAC released its 2022 revised arbitration rules, which provided the arbitration…
…international arbitration agreement must be assessed subject to the mandatory rules of French law and international public policy without reference to a national law. BGH – I ZB 36/21,…
…at setting it aside under the New York Convention grounds. Previously, they may have refrained from taking such steps for tactical or cost reasons, and only focused their challenge in…
…of independence or impartiality of arbitrators. However, detailed and binding rules on the challenge and disqualification of arbitrators are not forthcoming. Against this backdrop, the revised Indian Model Bilateral Investment…
…there was insufficient evidence that offering ISDS led to more FDI flows, (ii) Australian investors did not invoke investor-state arbitration, and (iii) ISDS could lead to “regulatory chill”. Additionally, the…
…course will require all of the parties’ (and related parties) consent, which could be tricky if non-signatories are involved. using institutional rules’ mechanisms for consolidation of arbitrations or joinder of…
…with its own rules, hosted several panels in relation to energy arbitration at historical Sait Halim Pasha Mansion by the Bosphorus. This post provides a succinct coverage for three of…
…Civil and Commercial Code (CCC) was the inclusion of specific rules about local arbitration agreements, something that the previous civil or commercial codes did not contemplate. Although the CCC’s private…
…of CETA and its reference to an Investment Court System as a new model for investor-state dispute settlement. The court considered that since the ‘new rules of investment protection are…
…rules or instruments other than national laws, such as the United Nations Convention on Contracts for the International Sale of Goods (hereinafter CISG), the UNIDROIT Principles, International Commercial Law, and…
…to amend the Convention – thereby extending the Convention’s uniform, global rules for dispute resolution to cross-border trade and investment involving Taiwan. Nonetheless, political inertia and reservations regarding China’s potential…
