…a simple change increasingly endorsed by leading arbitral institutions – e.g. Article 4 of the LCIA 2020 Arbitration Rules providing for electronic communications as a default, or Article 26.1 of…
…the nationality restriction is more restrictive as it is applicable to all panelists and not just the chair). and some arbitral institution’s rules,6)London Court of International Arbitration Rules (2020), Article…
…1998 Rules, but only in limited circumstances, which were expanded by the 2012 Rules. The 2021 Rules now explicitly allow for consolidation where all of the claims made in the…
…mandatory step. Mr. Tuchmann added that the AAA-ICDR’s practice is to offer mediation in every case it administers, which is incorporated in its rules. Mr. Karl stated that they were…
…that “professional secrecy rules or other rules of practice or professional conduct” prevent disclosure (see Explanation to General Standard 3(c)). The Court’s conclusion as to inferred consent appears pragmatic and…
…find themselves entangled in disputes. To facilitate the efficient settlement of such disputes, the Permanent Court of Arbitration has introduced the Optional Rules for Arbitration of Disputes Relating to Outer…
…Prague Rules, Yu Jin Tay of Mayer Brown addressed the confluence of opinions voiced in the arbitration community in terms of what the future holds for international arbitration. Ingloong Yang…
…tribunals, etc. A steady increase in environment-related disputes witnessed formulation of specialised arbitral rules to deal with such disputes (See PCA Optional Rules for Arbitration of Disputes Relating to the…
…conciliation prior to giving an arbitration award”. Article 48 of the HIAC’s Arbitration Rules states that “[u]pon the request of or with the consent of the parties, the arbitral tribunal…
…judgment recognizing the award, and then seeking recognition of that foreign judgment in the U.S. The personal jurisdiction rules for recognition of foreign judgments are somewhat more flexible when there…
…Dr. Ursula Kriebaum (Professor of Public International Law, University of Vienna) noted, the Hague Rules on Business and Human Rights Arbitration were designed precisely to enable arbitration to provide an…
…parties and their institutional rules and procedural guidelines should factor in cybersecurity concerns. One such example can be found in the Hong Kong International Arbitration Centre (“HKIAC”) 2018 Administered Arbitration…
…Courts under Article 29(7) of the ICC Rules One of the key features in EA proceedings under the 2017 ICC Rules of Arbitration (“ICC Rules“) is that found in Article…
…which stated that “[a]ny dispute under the Agreement or in connections with it shall be referred to and finally resolved by arbitration under the LCIA Rules […]”. As for the…
Before the Covid-19 pandemic, virtual witness testimonies were prevalent in specific instances, such as when witnesses could not reach the venue because of illness. Article 8.1 of IBA Rules on…
… judicialization of international arbitration, after the release of IBA’s Rules on the Taking of Evidence in International Commercial Arbitration, with numerous and long submissions to the arbitral tribunal; arbitration…
…under the 1998 ICC Rules of Arbitration. The place of arbitration was Frankfurt am Main, Germany. In its final award, the arbitral tribunal had dismissed all claims by way of…
…that institutional rules ought to be amended such that ignorance is visited by costs orders and strike out of claims and defences. Further, the 2010 IBA Rules on the Taking…
…alone, three U.S. Circuit Courts affirmed their diverging positions on this question: On 30 March 2020, in the context of a UK-seated tribunal operating under the CIArb rules regarding an…
…EU rules for the treatment of cross-border EU investments’, as the European Commission suggested with its 2018 Communication. This is why Luxembourg and Portugal, in their recent declarations to the…
…2018 HKIAC Rules, Article 42 of the 2017 SCC Rules, Article 32.4 of the 2016 SIAC Rules , Article 30 of the 2014 ICDR Rules). Article 32.6 of the 2012…
…the IBA Rules on Taking Evidence in International Arbitration and would work nicely in conjunction with a follow-on witness conference. (See the “Schedule” contemplated by Guidelines to serve as an…
On 5 May 2020, 23 Member States of the European Union (“EU”) signed an Agreement for the Termination of all Intra-EU Bilateral Investment Treaties (“Agreement”). Following ratification by the Kingdom…
…and candidate has an obligation to comply with the applicable provisions of this code” and “[t]he disqualification and removal procedures in the applicable rules shall continue to apply.” The panelists…
