…Arbitration According to the autonomous arbitration theory, arbitrations must remain autonomous and free from state interference. Accordingly, international arbitrations must be governed by international rules and practices, and not national…
…to avoid further challenges of awards. Potential Difficulties Arising out of the Application of the Law of the Place of Enforcement However, the institutions’ new rules and rapid changes in…
…under the ICC Rules of Arbitration inter alia on the ground that the arbitrators allegedly failed to properly sign and date the award. The tribunal rendered its award on 26…
…the discrepancies between the DIFC-LCIA arbitration rules, which largely mirrored the LCIA Arbitration Rules, and the current version of the DIAC Arbitration Rules, which were last updated in 2007. With…
…two different parties appointed at different stages, unless parties agree otherwise, is suggested by, among others, the ICC (Article 10.3 of the ICC Mediation Rules). More sophisticated versions of the…
…a war of aggression (as well as directly doing so). The same rules of international law apply to Putin’s war against Ukraine and the same charges can be levied against…
…mediation rules). However, to the extent disputes clauses do regulate the procedure, they typically provide only minimal procedural guidance relating to the commencement of the process (e.g., written notice requirements,…
Delos Dispute Resolution (Delos) has introduced its first significant update to the Delos Rules of Arbitration (the 2021 Delos Rules) which entered into force on 1 November 2021. The new…
…Tribunal acted under the UNCITRAL Rules and the dispute was brought under the Guatemala-Israel BIT (2006) (the “BIT”). Among the many legal issues analyzed by the Tribunal, this entry focuses…
…found its way into the 2010 update of the institutional arbitration rules of the Netherlands Arbitration Institute (“NAI”) (see Article 55(2) of the NAI Rules, 2010). The confidentiality rule can…
…its Member States. Lavranos remarked that as of now, an ECT arbitration proceeding under other rules than ICSID, and with a seat in the EU, would most likely risk being…
…is precisely what The Hague Rules on Business and Human Rights Arbitration seek to supplement. The Hague Rules modified the 2010 UNCITRAL arbitration rules to adapt them to human rights…
…UNCITRAL Expedited Arbitration Rules) Similar to what happens under most rules, the 2021 Rules provide for an expedited procedure for (i) cases under a certain threshold (which here is rather…
…revised rules for release. Could you preview for us two or three of the key areas of focus in the revision process? Our new International Rules of procedure are nearing…
…consistently held in French seated international arbitrations that in the absence of express choice, mandatory rules of French law and international public policy (i.e., the law of the seat) govern…
…rules and then the arbitrator’s disclosure duty under article 1456 CPC, expressly stated that its content was not limited to what was foreseen under the arbitration rules chosen by the…
…Rules sheds light on the matter when Polish courts order interim measures in support of international arbitration seated in London. Background to the Case In said matter, a dispute…
…under Article III of NYC by an obligation to “recognize arbitral awards as binding and enforce them in accordance with the rules of procedure of the territory where the award…
…Assigning Arbitration Awards: Rationale, Structure and Potential Hurdles Céline Deborah KELLMANN, Choice-of-Law Rules Governing Preclusive Effects On Transcending Res Judicata’s State of Ambiguity in International Commercial Arbitration Robert BRADSHAW, Witness…
…the UNCITRAL Arbitration Rules by an Austrian and a Croatian bank, Raiffeisen Bank International and Raiffeisen Bank Austria, against Croatia based on the 1997 Agreement between the Republic of Austria…
…and they will give effect to international arbitration agreements under the new arbitration-friendly domestic conflict-of-laws rules. References[+] References ↑1 Case No. 10.Gf.40.417/2011/12. ↑2 Case No. Gf.20.108/2020/5. ↑3 BERGER, Klaus Peter:…
…on the international protection of their investments. This article explores some available recourses for investors who foresee its host state might change the rules of the game. It must be…
…provisions addressing the problems peculiar to corporate law disputes is needed. Such rules should integrate specific procedural rules for corporate disputes regulated in the Turkish Commercial Code. In particular, the…
…Ukraine-related arbitration. Most popular arbitral rules Finally, the Group analysed the dataset to establish under which arbitral rules the awards considered by Ukrainian courts are commonly rendered. Ukrainian ICAC dominates…
