…importantly, the new Sierra Leone Arbitration Act establishes the first Sierra Centre for International Arbitration with its own rules. Further, Dr. Okubote elaborated on the AfCFTA and its forthcoming Protocol…
The Second Edition of the World Arbitration Update (WAU) took place from September 26 to September 30, 2022. This post highlights the panel on “Taking Stock of the ECT Modernization…
…considerations when adjudicating ECT disputes through the application of other rules and principles of international law (Article 26(6) ECT). The focus then shifted to the Contracting Parties’ agreement in principle…
An arbitrator’s authority to rely on a law that was not pleaded by the parties has been the subject of extensive discussions in the literature. Anecdotal evidence suggests that civil…
…one applicable to the arbitration agreement; and, in any case, (b) KFG failed to provide evidence demonstrating the parties’ common intention to subject the arbitration agreement to English law. The…
…process paranoia that has been taking place, especially with backing from courts and institutions. Mr. Jana made reference to the UNCITRAL Expedited Arbitration Rules (2021), remarking that UNCITRAL had created…
…cases tribunals had criticised one or more of the parties for a lack of evidence and substantiation vis-à-vis the damages claims – including noting their incorrect or unconvincing underlying assumptions…
…the Polish Supreme Court has stated that the requirements for presentation of an arbitration agreement in Article IV(1) must be considered taking into account the form in which the agreement…
…an application for emergency interim measures of protection under the 2021 ACICA Arbitration Rules. She highlighted that ACICA shall use its “best endeavours” to appoint an emergency arbitrator within 1…
…And if it does, the domestic rules will often be mandatory, meaning that institutional rules cannot opt out of or modify such rules. Accordingly, the safest option for institutions may…
…themselves of fast-track timelines through special rules, such as the recently updated ACICA Expedited Arbitration Rules. She also noted the speed, efficiency and cost benefits available to parties to arbitrations….
…in the Singapore International Arbitration Centre Rules (which applied in the present case) and other common arbitration rules such as the UNCITRAL Arbitration Rules and the London Court of International…
…similar provision in other treaties or arbitral rules, so there is little guidance as to how this provision may be applied in practice. The new article makes it clear that…
…institutional rules through an ‘opt-out’ provision, which would apply unless parties expressly agree to exclude it. Such provisions are common in institutional rules, as seen in the Expedited Procedure and…
…groups, namely: institutions with strict rules on confidentiality of awards (for instance, the Swiss Arbitration Rules (2021), the SIAC Arbitration Rules (2016), and the LCIA Rules (2020)); institutions in between…
…rules on the appointment of arbitrators and rules on consolidation of jurisdiction in case of parallel proceedings. In Mr. Bodenheimer’s opinion, the DIS Rules reflect most of the concerns of…
…In sum, CAM-CCBC issued rules for electronic proceedings and guidelines for virtual hearings; and enabled the use of new dispute resolution tools such as expedited arbitration rules; emergency arbitrator proceedings;…
…build the rules around the expected tasks and not necessarily try to replicate the latest amendments to the rules of the major arbitration centers. Ideally, rules should be flexible enough,…
…had carried out public road works in the Republic of A, considering that the evidence revealed a set of sufficiently serious, precise and concordant indicia of corruption, so that the…
…concepts, principles and laws sit above ESG concepts, principles and laws, and should not be used interchangeably, especially if the ESG rules, criteria, disclosure and reporting have a narrower and…
…interim relief such as asset preservation measures before Mainland Chinese courts. Taking a Holistic View of the Enforcement Options at One’s Disposal Drawing the threads of discussion of the…
…inferences and/or imposing cost consequences on the non-disclosing party pursuant to Articles 9.6 and 9.8 of the IBA Rules on the Taking of Evidence in International Arbitration (2020) or releasing…
…HKIAC Administered Arbitration Rules next year. Similar to the previous Rules revision, there will be a Rules Revision Committee and a lot of interaction and consultation with the community. We…
…yardstick in view of party autonomy when interpreting consent requirements for joinder under the London Court of International Arbitration Rules 2014. A closer comparative analysis of the procedural rules of…
