…plus hour time difference). However, the impact of working from home – particularly under some of the world’s strictest lockdown rules in Melbourne, could not be overlooked, with women having…
…rules restricting the sheer volume of materials put before a tribunal are practically absent; so too are rules guiding the parties towards a coherent dispute. That is, parties may lay…
…(“Award”) in arbitration proceedings filed under the Dubai International Arbitration Center Rules (“DIAC Rules”). In the Award, the Claimant was ordered to pay part of the attorneys’ fees incurred by…
…framework applied to the franchise system and the use of arbitration in franchise contracts. Cristina M. Wagner Mastrobuono explores the legislative and regulatory landscape on the rules of impartiality and…
…2021, replacing the 2017 Rules of Arbitration. The new Rules make noticeable changes to the framework of ICC arbitration, while not altering its character. Most significantly, the 2021 Rules update…
…It has also, in turn, provided for a more uniformed application of the formal rules and equitable principles in sport – known as the lex ludica – across different sports…
…appointed by a special agreement or established under the [UNCITRAL Rules]. The Award is noteworthy inasmuch as it was the first to deal with the interpretation and application of the…
…and in Article 28(1) of the 2013 Vienna Rules (Vienna Rules) for all arbitrations conducted under the auspices of the VIAC).2)For an in-depth treatment of arbitrator challenges under the Vienna…
…of challenges by institutions suggests that bad challenges do exist. Looking at Article 11.6 of the HKIAC Rules for instance, the use of the term “justifiable” means that the challenging…
…to arbitration legislations and institutional rules. Key features of the amendment 1. Default Mode of Appointment of Arbitrators in Multi-Party Situations The International Arbitration (Amendment) Bill first proposes to…
…claims while delaying payment until the issuance of any resulting arbitration award.” In Uber v. Heller, the arbitration clause required arbitration under the ICC rules, with the seat of the…
…rules with a New York seat. The arbitration demand asserted claims for breach of contract along with conversion and tortious interference with contract. The tribunal ultimately ruled in favor of…
…arbitration to be Kolkata, India. A dispute arose between the two entities, and Medima commenced arbitration under the ICC rules in London. At the same time, Balasore also initiated arbitral…
…shall be submitted to arbitration by the International Chamber of Commerce (‘ICC’) Court of Arbitration, according to its arbitration rules, by one or more arbitrators. The place of jurisdiction shall…
…needs to be accompanied by clear rules regarding its procedural implementation. In the meantime, parties that have chosen to arbitrate within China under the auspices of foreign arbitral institutions may…
…law rules for resolving conflicts of law and established at the second stage of the inquiry that there is an implied choice for the seat, and this would be the…
…of the CISG, Marco Torsello argued that the arbitrators should apply the CISG, on the basis of art. 1(1)(b) CISG, when conflict rules lead to the application of the law…
…institutional rules pertaining to the nationality and examines the policy considerations behind the importance attached to nationality in the selection of the arbitrators and their consequences on multi-nationality. Maël…
…rules regulating this practice? In ‘The Legal Framework of Remote Hearings’, Maxi Scherer of WilmerHale and Queen Mary University of London defines related concepts and lays out the legal basis…
…under the rules of the LCIA against B4. In November 2018, the sole arbitrator ordered B4 to pay sums and interest owed to A4 for services rendered under English law-governed…
…procedure and domestic arbitration rules, international arbitration rules do not provide for a specific “evidentiary term”, but allow the parties to submit evidence from early stages of the proceedings (beginning…
…question is what effect an agreement to arbitrate under certain arbitral rules might have on such an “agreement.” For example, Article 29(1) of the ICDR Rules provides that “[i]n addition…
…UNCITRAL Model Law on International Commercial Arbitration. In terms of institutions, the arbitration rules of major Chinese arbitral institutions generally do not contain limitations on party representative’s nationality or qualification…
…the search for adaptation standards, which ensure outcomes of contract adaptations by international arbitral tribunals that make business sense. Thomas Obersteiner, Provisional Measures Under ICSID Rules: The Power of…
