…issue on which judgment calls will need to be taken on a case-by-case basis. Arbitrators have a difficult line to tread between ensuring a “fair fight” and making a party’s…
…Ammar Tanhan, Addressing the Costs Imbalance Resulting from Third–Party Funded Investment Claims Third–party funding has become a hot topic in investment arbitration, and its significant growth has provoked concerns from…
…provisional relief in urgent cases. A party in need of a conservatory measure sometimes cannot wait for an arbitral tribunal to be constituted in order to seek provisional relief. This…
…sums awarded in a previous arbitration between them, the sole arbitrator, applying Brazilian law, held that a party’s unilateral expectation needs to be explicitly stated in a contract to be…
…applicable, will now need to disclose the name of any party, other than the parties to the arbitration, that has made an arrangement with a party to the arbitration for…
…The IBA Rules provide that: (a) witnesses are only cross-examined upon request by a party (IBA Rules, Article 8.1) and (b) if a party does not request to cross-examine a…
…Engil access and possession to the construction sites (¶ 349) and that even if there were doubts as to which party assumed the risk of lack of access to the…
…award based on a “reasonable perception of possible bias” of a sole arbitrator towards a party who chose to testify using an interpreter. Though FCM v. Grove Pham was a…
…winning party may be concerned that the losing party belatedly pleas an infringement of EU competition law just so the award is vacated. Procedural Solutions to Mitigate the Risks…
…that “arbitral awards given in the territory of either Party shall be recognised and enforced in the other Party” subject to fulfilment of certain conditions such as, the award being…
…information or displaying signs of lack of seriousness. In such cases, the party engaging in bad faith negotiations becomes liable for the resulting damages incurred by the other party. When…
…scrutinise awards where a state is a party to the proceedings. André Tan Oh highlighted a further nuance: arbitrating against an entity which is state-run and publicly listed, versus fighting…
…States Argues that A Foreign State Does Not Waive Sovereign Immunity by Becoming a Party to the ICSID or New York Convention Second, the US argues that Spain did not…
…in a previous post here, showcase a commitment to efficiency, flexibility, and party engagement, appearing to set a new standard for commercial dispute resolution and contain practical rules that are…
…the party against whom it is invoked”, while Article 223 of the New CPL imposes the said condition irrespective of whether it is raised by a party. Accordingly, it appears…
…Law provided, in article 13, that the joinder of a new party to arbitration is possible if parties to arbitration and the new party agree. Therefore, Joinder of third party…
…hatting should be held permissible to preserve party autonomy by eliminating the risk of conflict of interest through imposing substantial disclosure requirements.” Invoking the existing disclosure obligations in arbitration practice,…
…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…
…focuses on the scope of arbitration clause and its validity in the context of a party’s (in)capacity of discernment, as well as on the new developments regarding res iudicata. Part…
…an award. The SFSC held that the 90-day time limit starts running as soon as the party seeking revision has knowledge of new decisive facts. The party must not wait…
…be the default position, while the arbitrateAD can, if requested, transmit a physical copy of the award to each party. Third Party Funding: Article 48 of the arbitrateAD Rules provides…
…consolidated list of factual exhibits submitted by each Party” (para. 63). Finally, the issue of corruption in international arbitration had another significant development. In the landmark case of Nigeria v….
… Legal Successors The Law also states that unless otherwise agreed, a legal successor of a party becomes a party to the arbitration agreement (Art. 39.1). The death of natural…
…inception. As Ms Overduin explained, the ECT is a multi-party treaty adopted in 1994 which comprises as Contracting Parties the European Union (“EU”) itself, all 27 EU Member States, and…
