…smart contracts, distributed ledger technology, and fintech applications. The draft rules opened for consultation with an online event on 26 February. Notably, the draft rules envisage automatic dispute resolution processes…
…regarding its existence, validity or termination, shall be referred and finally resolved by arbitration under the Rules of the London Court of International Arbitration (the “LCIA Rules”), which rules are…
…at Article 41.4. ↑2 Article 37(3) of the ICC Rules, Article 41.2 of the HKIAC Rules and Article 34.2 of the SIAC Rules. The LCIA Rules do not expressly permit…
…the rules of arbitration of the Chamber of Arbitration of the Market – CAM, a Brazilian arbitration institute created by the Brazilian stock exchange in 2001. The arbitration clause excludes…
…services. All too often the answer relates to qualities of our product – in relation to institutes we discuss issues such as whether the rules respond to the latest discussion…
…on or with any property. Procedural rules In an endeavour to assist in the fair and efficient procedural conduct of the arbitration, a new Section 34(2) expressly authorises the…
…governed by its Arbitration Rules and Expedited Arbitration Rules. Further, it appoints arbitrators in ad hoc cases when the arbitration agreement so provides, and acts as appointing authority under the…
…side. Spain argued that this was a violation of ethical and disclosure rules under the ICSID Rules, the World Bank‘s code of conduct, the new, still draft Code of Conduct…
…injunction in another proceeding. Since both anti-suit injunctions and anti-anti-suit injunctions interfere with principles of international law and coordinative rules, it is questionable whether these remedies are appropriate. Although courts…
…especially so since December 2017, when Ukrainian arbitration law and applicable procedural rules were largely revised to introduce many long-expected changes in the field of arbitration. Even before these revisions,…
…the gaps of the 2018 EU-Japan EPA, including to address e-commerce, rules of origin, financial services, and to provide for the UK’s immediate reductions of tariffs on electrical control units…
…Editors” series. The post lays down MCIA’s journey in the last five years of its existence and how MCIA is registering more cases under its rules with every passing year….
…2016 (“MCIA Rules”) which reflect international best practices and are also attuned to the Indian market. We believe they are the only institutional rules that do so. The MCIA Rules…
…now, there has not been a comprehensive regulation of Bifurcation within the ICSID Convention and Rules. Case law has, thus, been fundamental to its development. This article will examine investment…
…rules. The current global health crisis may give rise to claims related to both of these aspects of public policy. 1. Claims concerning the infringement of procedural public policy…
…(for example Article 29.2 of VIAC Rules or Article 26.2 of the ICC Rules), legal scholarship, the New York Convention (Article V(1)(b) regarding minimum requirement for notification of the parties)…
…generation for resolving space disputes. Overview of the PCA Outer Space Rules The PCA Outer Space Rules are based on the 2010 UNCITRAL Arbitration Rules (“UNCITRAL Rules”), which are…
…Court Finally Set Clear Rules for the Annulment of an Arbitral Award In 2019, the Constitutional Court issued three of the most relevant and positive decisions (31-14-EP, 323-13-EP, and 1703-11-EP)…
…revisions to the LCIA Rules of Arbitration (the “LCIA Rules”): The 2021 DIFC-LCIA Rules are no exception and take after the recent revisions introduced to the recently adopted 2020 LCIA…
…Union (“the CJEU”) continued to have effect in the UK, and the same can be said about the rules relating to the CJEU’s jurisdiction over the UK. The position…
…it be set aside or annulled by a court in the seat of the arbitration under the ICSID Additional Facility Rules or the UNCITRAL Arbitration Rules. Furthermore, contrary to what…
…fees calculated on an hourly basis · rules applying to domestic litigation usually more restrictive than rules applying to arbitration · in many jurisdictions courts apply tariffs to costs ·…
…similar substantive rules. Intra-African BITs: Rarely Invoked in ISDS As a result of this lack of ratification, only 3 investment arbitration cases so far have been filed under intra-African…
…a domestic context. There are no default rules for choice of law in international arbitration. Most arbitral institutions now have choice of law rules to be applied by tribunals. This…
