…and the rules of equity. , which codifies the principle favor contractus or conservation principle, which provides that “no one contracts for the sake of contracting, but rather taking care…
…Arbitration Rules.’ Limitation: Even if the PMAC Procedural Rules included such a provision, this would not mean that the CJEU would recognize PMAC arbitral tribunals as ‘courts’ under Article 267…
…hold a university degree in the Shariah or the Islamic legal sciences (fiqh), must ensure the application of the law and the procedural rules do not contravene the principles of…
…go beyond the walls of government buildings, potentially affecting millions. With a mind to this, in accordance with its Rules, a special session of the ICC court is constituted to…
The Saudi Center for Commercial Arbitration (“SCCA”) has recently revamped its rules, aiming to solidify its position as a global leader in arbitration. The latest amendments, which have been elaborated…
…procedure for enforcing foreign judgments. ↑2 See Gordon Blanke, Blanke on UAE Arbitration Legislation and Rules (2021) p.268 ↑3 See Gordon Blanke, Blanke on UAE Arbitration Legislation and Rules (2021)…
…unresolved issue of implementation and enforcement of the Codes. She pointed out that challenges or disqualification of arbitrators would remain subject to applicable rules or the instrument of consent, given…
…no specific venue or applicable arbitration rules are referenced. This could reflect recognition that Member States may need flexibility when negotiating ISDS under BITs with third countries which may oppose…
…did not elaborate on the role of arbitral institutions in handling these jurisdictional objections when administering India-seated arbitrations. To put this risk in context, under the SIAC Rules 2016, any…
…day. Impartiality and Independence of Experts Various rules on the use of party-appointed experts in arbitration, e.g., the IBA Rules (2020) and the CIArb Protocol (2007), make clear that…
…and the Saudi Center for Commercial Arbitration Rules 2023 (“SCCA Rules”). Clarifying the Application of the arbitrateAD Rules The arbitrateAD Rules apply to any arbitration commenced on or after…
…“the Petitioners’ input might assist it in better understanding certain factual aspects of the present dispute” (paragraph 54). Regarding access to documents, the Tribunal noted that the rules are silent…
…case of institutional arbitration. Unless the arbitration rules of the arbitration institution provide otherwise, parties cannot apply to the courts to challenge arbitrators (Art. 22.4) or to terminate their mandate…
…of access to justice pursuant to Art. 2(1) in conjunction with Art. 20(3) of the German federal constitution (see previous blog post here). As the relevant CAS arbitration rules did…
…rules of jurisdiction set out in the UAE Civil Procedures Law, the court in whose jurisdiction a contractual agency agreement was executed shall have jurisdiction to adjudicate all disputes arising…
…civil law tradition-inspired competitors like the 2018 Prague Rules struggling to gain traction). The Fall of Arb-Med In addition, cross-fertilisation from mediation practice has not yet borne much fruit…
…process on track, make full use of case management conferences (CMCs) to agree on the rules and general framework of the procedure, leverage technology (videoconferencing, virtual hearings, etc.) to make…
…investment agreements. Contrary to BITs, the Protocol merely encourages state parties to “make best endeavors” to align regional investment agreements with the rules under the Protocol (Art. 49(3)). Similarly, the…
…new regional arbitration centres, the relaunching of other centres and a proliferation of new rules and best practice, alongside the growth in the legal sector. Any observer of the region…
…rules,” including provisions that allow the ISU to impose “sanctions” on athletes for participating in competitions not authorized by the ISU. According to the ISU rules, the ISU’s decisions may…
…ICSID Rules” which is to “preside at its deliberations” (paras. 126). Because there was no evidence that the arbitrators were regularly sitting together, the Court held that “tasks could not…
…required under the SCIA rules or Chinese law, in the Ontario court’s view, did not “address the specific requirements of Article 36(1)(a)(ii) of the Model Law regarding ‘proper notice’” (para….
…its doors at the Dubai International Financial Centre (“DIFC”) in February 2023 and publishing its new Arbitration Rules in May 2023. The new Arbitration Rules feature streamlined Online Dispute Resolution…
…under the MCIA Rules. Shifting gears, Ms. Chinoy discussed the challenges of mediating disputes with states and state-owned entities, given their fact and evidence-intensive nature. She praised the new Indian…
