How to Manage Work-Life Balance in Context of First Arbitral Appointments
…of the evidence and tricky points of law as invaluable: they can lead to great flow and excellent legal thought. I’ve also learnt to see loneliness as solitude – as…
Search Results for: iba rules on the taking of evidence
Jumpstarting Arbitration through Tax Incentives? Macau’s Tax Incentive Scheme for Choosing Arbitration
…interim measures. In addition, both the parties and the arbitral tribunal may now seek the Macau courts’ assistance in obtaining evidence. All these characteristics have established an arbitration regime in…
Conflicting Dispute Resolution Clauses in Related Contracts in the UAE: Which Forum?
…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…
Private International Law Act, Set aside an international arbitral award, Supreme Court, Switzerland
Can an Arbitral Tribunal Award a Claim in a Different Currency Than Requested? – The Case of Switzerland
…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…
The Contents of the Yearbook Commercial Arbitration, Volume XLVI (2021), Upload 3
…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…
Cultural Heritage Law and Investment Treaty Law: A Balancing Act?
…during the Roman Empire, and evidence of the infrastructure and mining techniques used during these times is preserved to this day. The Roşia Montană site is now renowned as the…
Estonia: Public Policy Must Be Interpreted Narrowly
…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…
Aligning Human Rights in Business with International Commercial Arbitral Rules
…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…
The Future of International Arbitration: The Road to Greener Arbitration and Reflections on the upcoming 2022 NAI Arbitration Rules and Recently Revised Arbitration Rules
…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…
In Memoriam: Dr Minas Khatchadourian (1958-2021)
…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…
Interviews with Our Editors: Reflecting on Arbitration Down Under with Georgia Quick, President of the Australian Centre for International Commercial Arbitration
…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…
Rekindling the Debate on Enforcement of Foreign Seated Emergency Awards in India
…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…
Paris Arbitration Week: Arbitration and Trade Secrets
…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…
Colombia Prevailed in Two Arbitrations Related to the Financial Sector under the Colombia-US TPA
…(“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…
foreign direct investment, Foreign Investment Law, Interview, Interviews with Our Editors, investor-State arbitration and mediation, ISDS, ISDS Reform
Interviews with Our Editors: Illuminating Investment Treaty Arbitration and Institutional Services with Antonio R. Parra, Former Deputy Secretary-General of the ICSID
…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…
Growing Gender Diversity in International Arbitration: A Half Truth?
…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,…
Revision of the WIPO Arbitration Rules: Adapting to an Increasingly Remote Setting In Technology Disputes
…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…
Moldovan Supreme Court: Execution of Enforcement Title Falls Outside the Scope of the New York Convention
…the Claimant might pursue recognition and enforcement of the Arbitral Award in Moldova, only after presenting indisputable evidence confirming the impossibility of its execution on the territory of Ukraine. …
Paris Arbitration Week: Protecting Your Interest Through Interim Relief From Mainland Chinese Courts
…Kong to become the first and only arbitral seat outside of Mainland China, where parties can apply for interim measures in Mainland Chinese courts to preserve assets, evidence or conduct….
Paris Arbitration Week: Arbitration in the BVI, an up-and-coming hub in the Caribbean
…IAC Rules, which are modern UNCITRAL-based Rules, are the extant arbitration rules in the BVI. The BVI IAC is, however, working to amend the rules and is scheduled to release…
Paris Arbitration Week: Harmonization through Arbitration – the Arbitrators’ Role and Function
…conducted within the ICSID regime and were subject to other arbitration rules (e.g. the UNCITRAL, SCC or ICC rules) and to the mandatory procedural principles of the seat. Non-ICSID tribunals…
Cross-Disclosure In Parallel Investment Arbitrations: Perspectives For States
…arbitrations and their effect on cross-disclosure of evidence (witness statements or documentary exhibits) and pleadings in parallel arbitral proceedings over a common substantive issue-in-dispute. Cross-disclosure of pleadings and written submissions…
Wolters Kluwer Expands Practical Insights Topic Module for Kluwer Arbitration Practice Plus
…the proceedings, evidentiary issues, and multi-party arbitrations. The Practical Insights by topic offer a gateway to users into Kluwer Arbitration’s deep archives of commentaries, decisions, rules, and other important research…
Arbitration Act, Arbitration Agreements, Arbitration institution, China, judicial review, kompetenz-kompetenz, Validity
Validity of Arbitration Agreement: A New Relaxed Approach in the Draft Amendment to PRC Arbitration Law
…a choice on the “local arbitration agencies.”1)SPC (2006) Min Yi Zhong Zi Di No.11. In another case where the parties agreed on the application of ICC arbitration rules, the SPC…