…small get-together to acknowledge the recent release of the Guidelines on Standards of Practice, meant to serve as guiding principles of civility, taking into account the many cultures and situations…
…evidence, appointment of arbitrators, determination of preliminary points of law, and, most importantly, setting aside or recognition and enforcement of awards. Further support has been demonstrated worldwide in jurisdictions where…
…basis for the exclusion of a document before an arbitral body under the IBA Rules on the Taking of Evidence. (IBA Rules, art. 9(2)(b).) The UNCITRAL Model Law, ICC Rules,…
…the reasons, in order for it to be enforceable. Procedural Background The arbitration award, which was issued under the ICDR-AAA Rules, arose from a dispute under a non-disclosure agreement…
…very limited circumstances. Furthermore, rules of uniform treatment, reasonableness, and proportionality constrain the ISA’s powers. This blog post will assess the interplay between the ISA’s regulatory powers and the private…
…local courts with exclusive jurisdiction to rule on disputes between agents/distributors and principals. Such exclusive jurisdiction rules prevent derogation from the jurisdiction of local state courts in favor of foreign…
…performing certain other judicial acts. The Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (1970) (“Hague Convention”), or in intra-EU scenarios, the EU Taking of…
…Arbitration Association – A Swiss Perspective Alexandre LAUTE offers a “Swiss” perspective on the arbitration rules of the 2021 Nordic Offshore and Maritime Arbitration Association by comparing these rules with…
…otherwise); and that it state the date on which, and place at which, it was made. Contemporary practice (propounded in such guidelines as the IBA’s Toolkit for Award Writing) has…
…Constitution sets forth a general rule that excludes the possibility of investment arbitration under international arbitration rules (with some exceptions, such as sunset clauses). Article 320 provides that: “All foreign…
…the ICC Rules. The important decision is wide-ranging in its analysis of issue estoppel, the proper approach of the English and Cayman Island courts to construing Article V of the…
…Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration). Also, CAM-CCBC’s draft 2022 arbitration rules contain a provision authorizing the publication of excerpts of awards. However,…
…if the applicable arbitration rules (here: the former CAS rules) do not provide for the right to request a public hearing. The reason is that in case of such a…
…considered by the Economic Court according to the general rules of economic legal proceedings, taking into account the particulars specified in the new Chapter 291 of the EPC. However, Articles…
…where the two apparently conflicting rules can be reconciled (Pauwelyn, at 272). This was not the situation in Green Power, however, where two rules plainly clashed: Article 26(3)(a) required Spain…
…forth in the BAL and in the applicable arbitration rules – in that case, the ICC Arbitration Rules. However, the Court concluded that the second motion for clarification filed in…
…Kong International Arbitration Centre (HKIAC) In this case, HKIAC decided on a prima facie basis to proceed with the arbitration under the 2018 HKIAC Administered Arbitration Rules (“2018 Rules”) in…
…published multiple editions of the IBA Rules on the Taking of Evidence (2020) in international arbitration (the “IBA Rules”). The IBA Rules were designed to bridge the gap between different…
…in the foreign proceedings. Put another way, were Venezuela’s claims in substance contractual? There was no dispute on Curaçaon law: Venezuela accepted the evidence of Claimants’ expert that these claims…
…placed to determine its jurisdiction and evaluate evidence which is the starting point for the review. Issues of scope of the arbitration agreement, alleged failure by tribunal to review disputed…
… The ATPA Arbitration Rules The ATPA Arbitration Rules have been adopted by the Assembly and are in force since January 2021. Short and modern with only 27 provisions, they…
…the UNCITRAL Rules, to determine that it had jurisdiction to decide the request for disqualification. Both NAFTA and the UNCITRAL Rules grant arbitral tribunals broad discretion to conduct the proceedings…
…decision, the Court of Cassation explicitly referred for the first time to the IBA Guidelines on Conflicts of Interest in International Arbitration (2014) and quoted Clause 3.3.5 of the Orange…
…this Act, we must direct our attention to the arbitration rules of the major arbitral institutions in Serbia. Presently, both the Rules of the Belgrade Arbitration Center and the Rules…
