…it comes to procedural issues, such as evidentiary issues, as different rules apply in arbitration. One may add to these concerns the risk of judicialization of arbitral proceedings. This term…
…Arbitral Awards The most significant change under the current developments is with regard to the recognition and enforcement of arbitral awards. It is worthwhile taking a brief look back at…
…Paris, our mythical Sole Arbitrator. The questions are few but precise, some touching on scenarios outlined in the IBA red list. They would have been answered in most arbitral institutions’…
…evaluative-evidence, and normative). The topic has been the subject of intense debate in academic and judicial circles and, through this study, we intend to contribute to the debate by demonstrating…
…the 2018 HKIAC Administered Arbitration Rules (the ‘2018 Rules’) where the Claimants initiated a single arbitration under multiple contracts, HKIAC determined not to proceed with a single arbitration under all…
…Arbitration Rules (ICC Case No. 19058/GFC). In the arbitration, CW Travel obtained a favorable award of approximately US$ 2,14 million. Afterwards, CW Travel sought the enforcement of the ICC Award…
…all disputes arising out of the contract are to be determined by arbitration in accordance with the Gafta Arbitration Rules under English law. The arbitral process is administered by Gafta…
…a restatement-like collection of principles and rules or a system of transnational contract law? Two recent arbitral awards support the latter view. In both cases, the tribunals decided complex international…
…procedural rules of arbitral institutions (“Surveyed Rules”)1)The list of the Surveyed Rules includes (1) the institutional arbitration rules of: Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada…
…Supplemental Swiss Rules for Corporate Law Disputes in Switzerland On 1 January 2023, revisions to the corporate law came into force which, among other things, allow Swiss companies to include…
…are moving towards the homogenisation of rules. This has led to the creation of specialised institutions and rules, such as those for corporate law disputes in Switzerland and the Netherlands,…
…to arbitration. In the Jephson decision, there is no determination that the court was taking a step to move away from the established jurisprudence. It is thus evident that had…
…designs. This fascinating case also led to a further Correction Request and Award, which highlights and deals with disguised attempts to have the Arbitral Tribunal reassess the facts, evidence, and…
For the first time under Rule 54(2) of the ICSID 2022 Arbitration Rules, the Tribunal in Ruby River Capital LLC v. Canada (ICSID Case No. ARB/23/5) had to decide on…
…York refused to make payment, contending that there was insufficient evidence that the sum was paid to the third party. In 2020, Voltas sought a further award from the arbitrator…
…evidence in such foreign arbitrations. Background Webuild was one of several investors in an international infrastructure project related to the expansion of the Panama Canal. In 2020, Webuild initiated…
…but have been historically prohibited within the Indian legal regime under the Indian Advocates Act, 1961 (“Advocates Act”) and the Bar Council of India Rules (“BCI Rules”). The Bar Council…
…not apply because a winding-up petition is not a “claim” for repayment of the disputed debt within the meaning of the 1996 Act. The disputed debt was simply evidence that…
…by taking steps to commence arbitration, as confirmed in Founder Group. Second, it seems hard to conclude that, simply by adding “prima facie”, the threshold in Anan is substantially lower…
…such rules and the criticisms they receive, there is no doubt that they are rules that allow us to delimit or make concrete the abstract situations related to the partiality…
…cases. Many law firms sell their services based on specialized “insider” knowledge about arbitrators’ past decisionmaking. Expanded disclosure requirements and stricter conflict of interest rules are putting some limits on…
…proper under Rule 4(k)(2) of the Federal Rules of Civil Procedure on the basis that upholding a foreign arbitration award is a matter of federal law, finding that the Rise’s…
…an international arbitration under the ICSID Arbitration Rules, so Panamanian law did not apply. After a review of all the facts and evidence, the Tribunal concluded that LARAH held a…
…statement” is clear and uncontroversial. However, what amounts to “taking any other steps in the proceedings” has been interpreted differently by the Superior Courts. A combined study of all those…
