…consider, including direct or incidental considerations of legal issues. Mr. Shelbaya noted that various institutional rules tend to permit experts to consider any issue within the scope determined by the…
…did not constitute a violation of any existing statutory provisions of the Arbitration Law of China PR or any of the CIETAC Arbitration Rules, and accordingly dismissed the applications. In…
…expectations of both parties. The IBA Rules on the Taking of Evidence only include a handful of provisions on privilege. And, in the words of the IBA task force, “they…
…instance, article 53 of the CRCICA 2024 Arbitration Rules and articles 75 to 78 of the WIPO Arbitration Rules extend the confidentiality to the existence of the arbitration, the information…
…arbitration proceedings that comes to mind later when trying to resist enforcement. The arbitral tribunal assesses all the evidence and is better positioned to carefully consider additional evidence of potential…
…of the LCPL), it has been tailored to comply with the general rules and principles, as well as the overall structure of the LCPL. Furthermore, numerous sections of the current…
…arbitration cannot expect an arbitrator to form opinions without recourse to the evidence. Trade expertise is to assist in understanding technical evidence, not to provide evidence for a party who…
…reflecting the commitments in the IBA Arbitration Committee-ICCA Conference Diversity Checklist, discussions conducted openly, and the upcoming publication of discussions in the ICCA Congress Series, to be distributed to participants…
…the epicentre of the discussion in another session taking place on the same day: “Trends in the enforcement of ICSID awards: is the UK still a hospitable jurisdiction for the…
…disputes comprising 60% of its caseload. The institution has implemented new rules to expedite proceedings and ensure diversity in arbitrator appointments, with women making up 31% of appointed arbitrators in…
…event was also joined by Olivia Windham Stewart (Independent Business and Human Rights Specialist), who discussed the relevance of the increase in laws and soft rules concerning human rights liability…
…Such supervision is naturally performed by the courts, meaning that arbitrating such disputes would represent taking this power away from the State. As an introduction to the subsequent regulated markets…
…risky position. Where an investor elects to arbitrate under the UNCITRAL Rules instead, Veit considered the choice of the seat to be critical. In his view, where the arbitration is…
…stance on TPF, debated the merits of codifying current practices, and shared their views on how formal rules permitting TPF could impact a jurisdiction’s popularity as a forum. Current…
…volumes of information. Apart from summarising documents and evidence, AI can create elaborate maps to track down different parts of a case in an objective manner. This allows arbitrators to…
…considering the possibility to review them following recent decisions. Dr Baltag also recalled that these are “guidelines”, as opposed to “rules”, as are, e.g., the IBA Rules on the Taking…
…activities, which already contain arbitration clauses, domestic governing law, and access to well-trodden arbitral institutions—e.g., the ICC or the LCIA. These institutions update their rules frequently and include expert procedures,…
…foreign investment. They noted the increasing acceptance of SCCA rules by investors and the judiciary’s supportive stance towards arbitration awards, positioning arbitration as a reliable dispute resolution mechanism. Additionally, the…
…final session addressed, under the Chatham House Rules the question whether the current dispute resolution methods achieve to solve client’s problems. The discussion, moderated by Campbell Jackson, EY, and including…
…kompetenz-kompetenz, allowing arbitral tribunals to rule on their own jurisdiction (Sec. 18). In addition to courts’ power to grant interim measures (Sec. 10) and assistance in taking evidence (Sec. 29),…
…are ahead of other leading arbitration institutions whose rules are silent on this point (e.g., the ICC 2021 Arbitration Rules and the SIAC Rules 2016). However, it would have been…
…the absence of a choice of law by the parties, the LCIA Rules do not require the arbitrators to apply conflict of laws rules. Instead, the arbitrators may resort to…
…apply to Encavis arbitration because its context was different. Indeed, Green Power was governed by the Stockholm Chamber of Commerce Arbitration Rules and Swedish (and EU) law applied as the…
…Mediators, and Committee on Services and Investment Decision No 2/2021 of 29 January 2021 Adopting Rules for Mediation for Use by Disputing Parties in Investment Disputes. Two further key developments…
