…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…
…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…
…Moreover, both arbitrations were invoked under the India-UK BIT, conducted in accordance with UNCITRAL Arbitration Rules 1976, and administered by the PCA. The Cairn Arbitration was seated in the Netherlands,…
…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…
…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…
…copy/paste of the relevant rules of Chapter XII of Act LX of 2017 on Arbitration setting up the HCCI Arbitration Court. The conditions to be listed in the roll of…
…complications. It is perhaps only fitting that the session ended with the panelists expressing a measuredly optimistic view that international investment law, as a dynamic and ever-changing body of rules,…
…predilection for respecting arbitral jurisdiction and upholding awards. Emerging Rules and Principles It may be argued that fulfillment of pre-arbitration procedural requirements is condition precedent to formation of the parties’…
…only deviates from the practice in most arbitration-friendly jurisdictions, but also creates tension with other sources of arbitration guidance in China—including judicial practice and institutional rules—sometimes catching even seasoned practitioners…
…consumer arbitration in 2017; introduction of detailed rules for arbitration of corporate disputes in 2019. This blog post looks at how the law operates and analyzes the statistics of post-award…
…to the UNCITRAL Arbitration Rules, which provide for a different appointment mechanism to the LMAA Terms. The Defendant failed to engage substantively with the Claimant’s Reference to Arbitration and subsequent…
…values and mandatory rules of a given jurisdiction, and international public policy, encompassing those rules that are applied by domestic courts in cross-border cases, the dividing line between these dimensions…
…cultural export. Psy’s hit inspired admiring imitations all over the world, even at MIT in Boston. Like the Prague Rules and institutional proposals for active case management, they offer techniques…
…and allow parties to agree to any institutional rules or agree on their own procedural rules if interested in a more flexible process. It also guarantees that local courts will…
…the international community, are hierarchically superior to other rules of international law and are universally applicable. By contrast, the term “erga omnes obligation” was crafted by the ICJ in the…
…is stipulated in article 8(3)(c) of the QFC Law as well as under article 9.1.4 of the QFC Court Regulations and Procedural Rules (“Rules”). These provisions provide that the QFC…
…disputes, one may wonder about arbitration. This post aims at providing insight thereof. Setting the Scene A standard is a document setting out technical specifications, guidelines or rules for…
…elements to the Center’s success, what is the main difference or advantage between these rules and rules issued by other institutions? Is there a particular feature of the rules that…
…provided for by the applicable sports rules, limitations of the guarantees of Article 6(1) ECHR contained in the applicable arbitration rules can be valid if they are “free[ly], lawful[ly] and…
…can be for lawyers to become aware that – during a hearing – they are immersed in a “staging”: a professional game with specific rules in on which they need…
…the dispute in that forum, they may then proceed to arbitration under the ICC rules. The Employer sued the Contractor before the Court of First Instance, Dubai, for over AED…
…Rules; the UNCITRAL Arbitration Rules; or, any other arbitral institution or arbitration rules that the claimant and respondent agree on (Article 9.19.4). The arbitration must be commenced within three years…
…environmental rules, and the possibility of third-party participation in environmental disputes. Enforcement Mechanisms In the TCA, environmental matters are included in Chapter 7 and are categorized as essential elements. If…
…referring to existing rules on class arbitrations. One example of such framework is the American Arbitration Association (the “AAA”) which administers class arbitrations according to its Supplementary Rules for Class…
