…KluwerArbitration website. The upload consists of a selection of six awards rendered under the rules of the International Chamber of Commerce (ICC), dealing with issues such as the application of…
…Rules; Article 20 of the Arbitration Rules of the Milan Chamber of Commerce). The reform will also explicitly provide that: (i) the judicial decrees recognizing foreign awards are immediately enforceable;…
…instrument, on a treaty-by-treaty basis, by agreement on a case-by-case basis, or through the arbitral institutions themselves, by incorporating it in the procedural rules, adjudicators’ declarations or court rules and…
…both arbitration counsel and arbitrators, as well as to arbitrating parties on particular areas of the arbitration process that are usually not addressed in arbitration rules. Since 2016, apart from…
…of this general effort, the TIAC has introduced a new set of Rules of Arbitration (the “2021 TIAC Rules”), which adopts a number of amendments to the 2019 TIAC Rules….
…the parties present their respective cases. Reviewing courts will determine the scope of the mandate by examining the claimant’s specific relief sought, the grounds and evidence that the claimant invokes…
…Are Non-Arbitrable With the amendments of 2017, the rules on arbitrability were further supplemented. Prior to these amendments, Art. 19(1) of the CPC stipulated that all types of disputes concerning…
…developments in 2022, including new arbitration rules and laws. Specifically, all eyes will likely be on the UK Law Commission as the 1996 Arbitration Act revision will address the power…
…updating their rules and publishing guidelines to address these concerns with virtual hearings. Virtual cross-examination has been the subject of the most debate and logistical difficulty, but the idea is…
…transparency, particularly if the reasoning applied might not be divined – unfortunately, Tyndaris was struck out for procedural reasons. A further difficulty lies in evidence. As AI systems improve, evidence…
…Rules Next, Claudia Annacker, a Partner at Dechert LLP, spoke on the Vienna International Arbitration Centre (“VIAC”)’s new investment arbitration rules. The new rules are specifically tailored for investor-state disputes….
…Australia’s Pro-Arbitration Culture This article compares the new Rules of the Australian Centre for International Commercial Arbitration (ACICA) with ACICA’s 2016 Rules and those of other arbitration institutions, especially in…
…and consistent circumstantial evidence to prove corruption could include, for instance: limited evidence of the services provided. The only contemporaneous pieces of evidence presented by ABL on the services provided…
…on Renewable Energy and Climate Change, which discussed disputes in renewable energy in the Caribbean community and whether litigation risks may discourage states from taking climate policy action and developing…
…hydrocarbons (O&G) markets. In the O&G realm, the Ministry of Energy (SENER) issued the new Hydrocarbon and Fuel Import and Export Rules (the “Import/Export Rules”). Among other things, the Import/Export…
The Danish Institute of Arbitration (the DIA) updated its arbitration rules this year. The DIA Rules of Arbitration 2021 (the DIA Rules 2021) apply to arbitrations commenced on or after…
…the stand-alone investment arbitration and mediation rules that are available since 1 July this year and that were a product of the latest Rules Revision in 2021. Another highlight for…
…rules of the ICC, which is headquartered in Paris. On this basis, the Qatari courts concluded that this award did not need to be issued in the name of the…
…SCC, and that therefore the clause was not ambiguous. Another award, one of two published in the Yearbook, concerned the effectiveness of the SCC Expedited Arbitration rules. The arbitrator held…
…award. Then, section 61 of the Act contains specific regulations on the evidence a party has to submit when applying for the recognition and enforcement of an arbitral award. These…
…accordance with Article 33 of the ICC Rules of Arbitration. the relevant arbitral institution might be required to secure a specific license. For that reason, the threat of secondary sanctions…
…of the questions, Benno and Edna have provided joint answers, unless otherwise noted. Thank you for taking the time to speak with us after another whirlwind New York Arbitration Week!…
…exception nearly swallows the rule: if there is clear and unmistakable evidence that the parties intended to refer the question to the arbitrators, then courts will not review arbitral jurisdiction…
…because parties already have the autonomy to choose rules governing their disputes, and can select rules that already permit some form of limited appellate arbitral review. Professor Whitesell cautioned that…
