…and New Zealand. Many arbitral institutions have also sought to include explicit provisions around privacy and confidentiality in their rules (e.g. Article 26 ACICA Rules; Article 30 LCIA Rules). In…
…to administer foreign-related arbitrations. Some of the proposed provisions are also in line with the relevant provisions of the 2018 HKIAC Administered Arbitration Rules (“2018 Rules”). For example, both Article…
…UNCITRAL Arbitration Rules, which are often referenced in arbitration clauses providing for ad hoc arbitrations. Compared to these rules and national arbitration laws, the existing Arbitration Law features more on…
…between the two sets of rules is the first challenge that parties will need to tackle; the DIFC-LCIA Rules were updated in 2021 whereas the DIAC Rules currently in force2)Pending…
…me the Money Trail’ The second debate focused on whether the issues associated with third party funding in international arbitration have been adequately dealt with through our current rules framework,…
…as well. Lawyers with a litigation-focused background are encouraged to leave behind the Rules of Court that they are comfortable with and consider arbitration’s more flexible, and potentially less adversarial,…
…of the London Court of International Arbitration (LCIA) Rules. Under the LCIA Rules, the arbitral tribunal has the authority to dismiss claims upon the application of any party or the…
…with the fresh ideas. Promote your specialism through social media: You can harness social media to communicate your specialism as an arbitrator – institutional rules, sectors, commercial/treaty arbitration – to…
…from a court or arbitral tribunal that rules that the arbitration agreement does not exist, is ineffective, or does not produce any effects; The landlord or the grantor filed a…
…to consider (as with any arbitration clause) whether the arbitration should be administrated by an institution or conducted ad hoc, which arbitrations rules are to apply, what the seat of…
…Federal Supreme Court’s decision was an international investment arbitration proceeding under the ICC Rules. The dispute concerned the investment of several Turkish investors in cement plants in Syria. In the…
…rules of Art. V(1)(a) of the New York Convention, which concern the enforcement of awards, have to be applied by analogy in proceedings concerning the enforcement of arbitration agreements. In…
…strict rules applicable to arbitration agreements with consumers. In contrast, when defining public policy, the Supreme Court found in an earlier case 3-2-1-186-15 that the independence of the arbitrator is…
…commercial arbitration: Objection 1: Arbitral rules are no place for substantive, non-contractual rights. Many of the widely-used arbitral rules such as Article 21 of the ICC Rules, SIAC Rule…
…2022 NAI Arbitration Rules. The 2015 NAI Arbitration Rules already established a move from hard-copy communication to electronic communication. Taking this further, the 2022 NAI Arbitration Rules will provide for…
…However, at the forefront of his efforts was the drafting and publication of QICCA’s updated conciliation and arbitration rules in 2012. Given his vast knowledge of commercial arbitration and familiarity…
…and education in relation to arbitration. Let’s discuss ACICA’s newly revised Arbitration Rules and Expedited Arbitration Rules. This is now the fourth iteration of the institution’s rules since ACICA…
…even be enforced as a foreign award under Part-II of the Arbitration Act. Under rule Rule 1.3 of the SIAC Rules, 2016 an ‘Award’ is defined to include an award…
…across protective orders or provisions on confidentiality. Confidentiality advisors have, however, rarely been used although provided for by the WIPO rules. Confidentiality advisors As a confidentiality advisor, Dr Patricia…
…(“Carrizosa brothers”) under the UNCITRAL Arbitration Rules, and by Astrida Benita Carrizosa (“Ms. Carrizosa”) under the ICSID Convention. In both arbitrations Ms. Carrizosa and the Carrizosa brothers alleged that Colombia…
…ICSID process is more advanced and focused, dealing just with the institution’s own rules. In accordance with the ICSID Convention, challenges of an arbitrator for lack of independence, or for…
…that “the overall percentage of female arbitrators appointments reach[ed] a high of 33% in arbitrations pursuant to the LCIA Rules, a growth from 29% in 2019”. In terms of nationalities,…
…and coincides with revisions of other arbitration rules such as the ICC rules for 2021, LCIA rules for 2021 and the Swiss Arbitration Centre rules for 2021. Further changes concern…
…Supreme Court’s Findings The Supreme Court emphasized that Art. 3 of the New York Convention and Art. 4753 of the Moldovan Code of Civil Procedure, contain rules on the recognition…
