…update their rules and compete against each other while emphasizing cost and time efficiency. This has made the arbitration route more attractive to clients and efficient for counsel. Key Concept…
…materiality, and weight of any evidence. This essentially enables an arbitrator to exercise discretion, including in the use of technology, in its assessment of evidence. Where the parties agree to…
…an in-depth analysis of the distinction between two definitions of international arbitration: “party-centric”, based on the nationality of the parties, and “place-centric”, taking into account where the arbitration takes place….
…this issue, it considered the nature, the context in which the tribunal’s activity takes place, its objective and the rules to which it is subject, according to which its decisions…
…dispute, and not about Benedictine labour and rivers of ink alone. Some sets of rules provide that the tribunal secretary may be entrusted with drafting only the non-substantive parts of…
…information (and misinformation) they encounter after the event, including practices commonly employed by arbitration counsel in preparing witness evidence. For instance, evidence such as emails, meeting minutes or photographs may…
…of ASA, the Swiss Association of Arbitration, the Toolbox is entirely independent of the applicable lex arbitri or the institutional rules and can thus be used by anybody, anywhere, for…
…and (3) the Hague Rules on Business and Human Rights Arbitration (the Hague Rules) as procedural rules in investor-State dispute settlement (ISDS). We raise the prospect that the confluence of…
…on “no evidence” and “ignorance of vital evidence.” The Supreme Court also stepped into the territory of reappreciation of evidence by examining the tariff guidelines and orders, justifying its approach…
…the Rules. For example, Mr. Martinez explained that the new Rules enshrine the procedure to be followed in arbitrator challenge procedures. In addition, the current Rules give special attention to…
…Rules, which applied under the Old Act unless the parties agreed otherwise. VanIAC’s Rules must now be specifically incorporated into the arbitration agreement in order to apply, or the parties…
…industry, “the McCarran-Ferguson Act transformed the legal landscape by overturning the normal rules of pre-emption” (internal quotation marks omitted). Within this legal framework, the State of Washington enacted laws to…
…ancient in its historical origin and ubiquitous in the contemporary practice of international law, arbitral institutional rules, and customary practice among parties and in different countries. It has enjoyed the…
…provided on each arbitrator will support the credibility of self-reported information, such as experience with arbitral institutes and their rules, sector, applicable laws, or language. To learn more, visit: https://www.wolterskluwer.com/en/solutions/kluwerarbitration/practiceplus…
…long been the rule in every U.S. state, typically under each state’s version of ABA Model Rule 5.4 of their Rules of Professional Conduct, which includes a prohibition on fee-sharing…
…and sees arbitrators taking a middle-way approach, called converged interest – on which, see here. Recommendations for Creating Synergies Between M&A and Arbitration Teams Finally, the speakers gave some recommendations…
…the UNIDROIT Principles could be considered “rules of law” or rules of a national system. The Court noted that the latter is a broader term and that UNIDROIT Principles cannot…
…provides that the rules of the abolished institutions continue to apply to ongoing arbitrations, Article 6(a) makes no provisions regarding institutional rules for future disputes. This raises the question of…
…a more precise assessment of damages taking into account both historic and future losses. One thing is sure, unless new investment agreements include compensation provisions for non-expropriatory breaches. Chorzow’s legacy…
…difficulties in investor-state arbitrations and commercial arbitrations, namely the difficulties in ascertaining the soft rules of a community and in holding companies and investors accountable for their actions. Ultimately, Ms….
…multitude of restrictions on activities with Iran under various legal authorities since the 1979 seizure of the US Embassy and hostage taking of American diplomats in Tehran. Today, a fragmented…
…CMAP Rules Results in the Automatic Adoption of the Emergency Decision Rules For arbitration agreements concluded after 1 January 2022, adherence to the CMAP Arbitration Rules will automatically constitute adherence…
…rules, the Maritime Arbitration Rules of the Asia-Pacific Maritime Arbitration Center (“APMAC Rules”).11)The Maritime Arbitration Rules of the Asia-Pacific Maritime Arbitration Center. Although APMAC’s focus is on maritime disputes, the…
…and (d) parties having agreed to SIAC rules and emergency arbitration process could not renege from the award and treat it as invalid after the fact. As such, no order…
