DIAC 2.0: A Mirage or A Tale of 1001 Arabian Nights
…London – identical to the LCIA Rules. For the avoidance of doubt, Art. 32.4 of the DIFC-LCIA Rules even empowers the LCIA Court to take over the direct administration of…
Search Results for: iba rules on the taking of evidence
BIT, Counterclaims, ICSID, ICSID Amendments, ICSID Arbitration, ICSID Convention, ICSID Proceedings, International arbitration, Investment Arbitration, Investment law, ISDS, ISDS Reform, Third party funding
ICSID Reform: Balancing the Scales?
…Arbitration and Conciliation Rules and the Institution Rules require the approval of two-thirds of the Administrative Council for the rules to be amended. As we await the outcome of the…
2021 in Review: The African Continental Free Trade Area
…commenced, however, not all have been concluded. Some of the vital components that are still outstanding include the Rules of Origin (‘RoO’), tariff schedules, and specific commitments on trade in…
Tenke v Katanga: The English Commercial Court Provides Further Clarity on the Ability to Recover Third Party Funding Costs in Arbitration
…successful party. The Court held that the sole arbitrator’s decision under the 1998 ICC Rules to treat the success fee payable to the third party funder as an “other cost”…
The (Continued) Case for the Emancipation of Arbitration from Canadian Courts: Watch Your Language
…truly recognize commercial arbitration as an independent, alternative dispute mechanism that functions according to its own law, rules, and processes. Standard of review for set aside applications In lululemon,…
Was the European Commission Right to Qualify the Micula Award as State Aid? The Question is Referred Back to the EU General Court
…thus that the Commission was precluded from applying EU state aid rules to this situation (see more in our previous post). This allowed the General Court to avoid discussing the…
COP26 Created New Carbon Market Rules: How Will Arbitration Respond?
…to choose among the ICC Rules, UNCITRAL Rules or PCA environmental rules), the World Bank’s Forest Carbon Partnership Facility general conditions for emissions reduction payment agreements (PCA Secretary-General as appointing…
Russian Sanctions Law Bares Its Teeth: The Russian Supreme Court Allows Sanctioned Russian Parties To Walk Away From Arbitration Agreements
…evidence of any practical difficulties preventing a sanctioned party from participating in an arbitration seated outside of Russia; the sanctioned party can simply unilaterally opt for the jurisdiction of Russian…
Is Italy on the Right Track to Become a Truly Attractive Seat for International Arbitrations?
…(“Law 206”). Among other things, Law 206: (i) establishes “principles and directions” aimed at enhancing the “efficiency of civil proceedings and amending the rules concerning” arbitration and other methods for…
2021 in Review, Arbitration Act, Arbitration Agreement, Arbitration institution, Cryptocurrency, HK Arbitration Week, Interim measures, ISDS, kompetenz-kompetenz, Legislative amendment, Multi-tiered clauses, PRC, Treaty
2021 Year in Review: Key Developments in East and Central Asia
…institutions. The JCAA’s revised arbitral rules, which included changes to expand the applicability of expedited arbitration procedures, came into force in July 2021. Our contributors also compared the guidelines and…
2021 in Review: Continued Movement at the Intersection of International Arbitration and Human Rights
…its sixth and final Working Paper on proposed amendments to the procedural rules to resolve investment disputes. Even though the proposals do not touch upon the substance of investment agreements,…
A Look at California’s International Arbitration Future
…appreciate and respect customary limits of information exchange in international arbitration, such as those articulated in the IBA Rules on the Taking of Evidence in International Arbitration. Reliance disclosures and…
2021 in Review, Arbitration Institutions and Rules, Argentina, Brazil, Colombia, Conflicts of interest, Ecuador, Enforcement, Latin America
2021 in Review: Commercial Arbitration Highlights in LatAm
…acceptance of the appointment; (iv) provide for the possibility to resort to the IBA Guidelines on Conflicts of Interest in International Arbitration and the IBA Rules on the Taking of…
New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, United Arab Emirates
The New York Convention in the United Arab Emirates: Fifteen Years On
…provides for enforcement in line “with the rules of procedure of the territory where the award is relied upon”. In this regard, the Court found that “the rules of procedure”…
2021 in Review: Australia, New Zealand and the Pacific Islands
…2021, ACICA had a busy year releasing an updated version of its Arbitration Rules and Expedited Arbitration Rules in 2021. The rules apply to arbitrations commenced from 1 April 2021….
Arbitration Awards, International arbitration, Interpretation, Investment Arbitration, Regime Interaction, Regime Interaction in Investment Arbitration, Treaty Interpretation, VCLT
Regime Interaction in Investment Arbitration: Looking Forward, Looking Back on the Vienna Convention on the Law of Treaties as a Disciplining Force in International Investment Disputes
…rules relevant to the negotiation, validity, and interpretation of treaties had grown to become a fairly comprehensive body of rules and it seemed opportune to codify these rules. The ILC…
Arbitration Institutions and Rules, Human Rights, International arbitration, Investment Arbitration, Regime Interaction, Regime Interaction in Investment Arbitration
Regime Interaction in Investment Arbitration: Crowded Streets; Are Human Rights Law and International Investment Law Good Neighbors?
…subset of the numerous rights under IHRL, but it does evidence an integral interaction. 2) Investment Treaties As we have detailed elsewhere, IIL and IHRL can and do interact…
Arbitration, BIT, Climate change, Environment, International arbitration, Investment Arbitration, Reform, Regime Interaction, Regime Interaction in Investment Arbitration
Regime Interaction in Investment Arbitration: Climate Law, International Investment Law and Arbitration
…not least in UNCITRAL’s Working Group III, the ECT modernization process, and the revision of the ICSID arbitration rules – but progress is limited and slow, and the integration of…
Arbitration Institutions and Rules, BIT, Counterclaims, International arbitration, Investment Arbitration, Regime Interaction, Regime Interaction in Investment Arbitration
Regime Interaction in Investment Arbitration: Counterclaims
…perspective shift culminates in a reform debate, generally, and more specifically in a discussion of reinterpreting current IIAs and arbitration rules, on the one hand, and the long-term mission of…
BIT, International arbitration, Investment Arbitration, Regime Interaction, Regime Interaction in Investment Arbitration, Sustainability
Regime Interaction in Investment Arbitration: An Introduction
…possible approaches to harmonizing both regimes. Kiran Gore focuses on the Vienna Convention on the Law of Treaties (“VCLT”) as a disciplining force in international law. Its rules of…
The Three Steps in Appointing Arbitrators, And Which One is Most Important
…or clandestinely embedded in the assessment of evidence or allocation of costs and fees. In sum, most alleged guerilla tactics and arbitrator responses are hidden from view, even in published…
Air Canada’s Win Against Venezuela: Some Guidance for Future Tribunals?
…did consider the evidence, albeit giving it less weight. Circumstances could arise in another Tribunal hearing which might think it inappropriate to admit disputed forensic evidence that cannot be fully…
Challenging Arbitrators in Brazil: a Practical Guideline from the CEPArb-USP Digest
…may eventually deal with the issue in set aside proceedings. Foreign parties unfamiliar with Brazilian arbitration rules and law also benefit from the Digest. As a matter of fact, there…
Arbitration institution, arbitration rules, Financial Agreements, Financial Industry, Financial Services Arbitration, P.R.I.M.E. Finance
P.R.I.M.E. Finance Launches Revised Arbitration Rules
On 15 November 2021, P.R.I.M.E. Finance launched its revised P.R.I.M.E. Finance Arbitration Rules (the Rules). A launch event was held on 6 December at which Georges Affaki, Martin Doe of…