…enabling them to agree on arbitral clauses, select applicable rules, and appoint the arbitral tribunal, with a corresponding limitation on judicial review. Such a restriction does not violate the Constitution…
…in approximately 85% of the LCIA’s cases. In the absence of party agreement, London is also the default seat of arbitration (Article 16.2 of the LCIA Rules 2020 (“LCIA Rules”))….
…International Centre for Settlement of Investment Disputes (the “ICSID Convention”) and the New York Convention, alongside Luxembourg’s procedural rules, their complementary roles in enforcement processes are emphasized. It is furthermore…
…rules for interim measures. Handbook author Ioannis Vassardanis notes that these changes aim “at modernizing the relevant framework to adhere to international standards and contemporary practices, and to promote efficiency…
…Article 31.2 of the ICC Rules of Arbitration, Article 35.3 of the DIAC Arbitration Rules, Article 33.4 of the SCCA Arbitration Rules, and Article 22.1 of the QICCA Arbitration Rules)….
…providing for Milan-seated arbitration under the Milan Chamber of Arbitration Rules (“CAM Rules”). After X commenced arbitration against Y for breach of the distribution agreement, on 26 September 2023 the…
The Qatar International Center for Conciliation and Arbitration (“QICCA”) has introduced updated rules (“the 2024 Rules”), which were adopted by the Board of Directors on 15 September 2024, effective 1…
…apply Civil Procedural Code rules to domestic arbitration proceedings. However, both doctrine and case law almost unanimously agree that these rules do not apply unless previously agreed upon by the…
…any particular features of the ACICA Arbitration Rules (2021) that make them more attractive to the parties as opposed to the UNCITRAL Arbitration Rules (which may also be used in…
…review of FIFA rules against “any and all rules” of EU law, regardless of whether a CAS award has been rendered, whether initiated as a direct challenge to FIFA’s rules,…
…the arbitration rules agreed upon by the parties, and if the rules are also silent on this issue, the arbitral tribunal will determine it based on the principle of facilitating…
…aside an arbitral award issued under the ICC Rules of Arbitration 2021 (“ICC Rules 2021”) in part, concerning the recovery of legal fees of a successful respondent on the basis…
…statute of limitation applicable to enforcement requests or set-aside proceedings. The only rules that apply to international arbitral awards are statute of limitations that are triggered by the notification of…
…to be the arbitration’s seat; and the DIFC-LCIA Rules, 2008 as its applicable rules. Following this determination, the Tribunal proceeded to the next phase of the arbitral proceedings and considered…
…to determine under which rules of interpretation the international arbitral agreement should be construed. French case law had established a principle of validity of the arbitration agreement which let little…
…government and that its enforcement is against the Rules on Counteracting Unjustified Extraterritorial Application of Foreign Laws and Measures (“Rules on Counteracting”). The PRC court thoroughly analyzed the facts and…
…Article III of the New York Convention stipulates that each Contracting State “shall recognize arbitral awards as binding and enforce them in accordance with the rules of procedure of the…
…Almost all of these TOS include agreements for individual arbitration, procedures under the rules of an arbitral institution seated in the United States (“U.S.”) (either the American Arbitration Association or…
…institutions were not left out in the 2024 series of developments. Notably, the Cairo Regional Centre for International Commercial Arbitration (CRCICA) issued the 2024 Arbitration Rules. The 2024 Rules maintain…
…rules and of recent developments in the law and practice of several countries, as well as a comprehensive bibliography of arbitration-related publications prepared in cooperation with the Peace Palace Library….
…India-seated arbitrations. The proposed Section 34-A in the Draft Bill provides that arbitral institutions can provide for an “appellate arbitral tribunal” in their institutional rules, which would have the power…
…gained traction in English case law and in the investment arena. That development goes hand in hand with increasing coverage of the issue in institutional rules and national arbitration laws….
…investor-State arbitration against the Republic of Panama under the International Centre for Settlement of Investment Disputes (ICSID) rules pursuant to a bilateral investment treaty (BIT). Webuild argued that ICSID arbitration…
…(Art. 14(2) ICC Rules). With regard to the trainee, the SFSC also saw no bias, as he had only worked for the sole arbitrator in a subordinate capacity and under…
