New Concession Arbitration Court in Hungary: An Uneven Playing Field
…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…
Search Results for: iba rules on the taking of evidence
Court Discretion in Indian Setting-aside Proceedings: Modification v. Doing “Complete Justice”
…language was made by an amendment in 2019 to reinforce the principle that setting aside proceedings must be very limited in nature and not involve consideration of evidence and issues…
The Circuit Split on the Scope of Section 1782 Discovery in the United States: Will it Ever Get Resolved?
…Circuit split on this issue. The Second, Fifth and Seventh Circuit have held that Section 1782 does not allow for the taking of discovery in aid of private commercial arbitrations…
SIAC Congress Recap: The Multi-Million Dollar Question – Will the Pandemic and Governments’ Response to it Lead to a Spike in Investor-State Arbitrations?
…number of investor-state arbitrations would take time to unfold and would depend on the success of early cases. On the flipside, Dr Cheng observed that sympathy for governments taking up…
Multi-tiered Clauses in China: How Courts Navigate the “Dismal Swamp”
…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’…
Proposed Amendments to the PRC Arbitration Law: A Panacea?
…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…
2020 Statistics of Polish Post-Award Case Law: Is Poland Arbitration-Friendly?
…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…
Psychology in Oral Advocacy: Using Science to Persuade International Tribunals
…arguments that confirm their initial position and disregard the evidence that opposes it. The question is whether the story told by a party and the evidence on record will have…
Under What Circumstances Will the English Courts Determine a Preliminary Point of Jurisdiction?
…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…
Hungary: Steps Towards Differentiating Between Domestic and International Procedural Public Policy
…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…
Making the Most of Diversity: In favour of Arbitral Liberalism
…ideas. The ends of pluralism are not served by tweaking the demographic mix of practitioners yet expecting newcomers simply to submit to the prevailing rules and practices. All legal and…
The Wait is Over: Ecuador Enacts Regulations to its Arbitration and Mediation Law
…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…
Climate change, Customary international law, Dispute Settlement, Environment, ICSID Arbitration, International Investment Law, International Law, Uncategorized
Consequences of Recognizing Environmental Protection as an Emerging Erga Omnes Obligation in the ISDS Context
…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…
Challenges to the Jurisdiction of the QFC Court in Qatar
…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…
Arbitration Tech Toolbox: Damages Expert Evidence Using Sensitivity Analysis, Scenario Modelling and Data Visualisation
…of products sold by the business in question. In the damages evidence context, the purpose of the sensitivity analysis is to understand how (if at all) damages change depending on…
Are we FRAND now?
…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…
Arbitration Institutions and Rules, Brazil, Case Management, Commercial Arbitration, Institutional Arbitration, Interview of our editors, Interviews with Our Editors, Latin America
Interviews with Our Editors: In Conversation with Eleonora Coelho, President of the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (CAM-CCBC)
…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…
Delegation of Tasks to Arbitral Secretaries: Striking the Right Balance?
…a secretary, including legal research, drafting factual portions of the award, and taking notes of the deliberation (para. 185 of the Note). In the view of the court, this means…
CAS arbitration, Court of Arbitration for Sport, double hatting, European Convention on Human Rights, European Court of Human Rights, Independence and Impartiality
Double Hatting, Sports Arbitration and Article 6(1) ECHR: A Recent Decision by the Paris Court of Appeal
…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…
Interpreting Tanzania’s Arbitration Act, 2020
…and before filing a written statement or taking any other steps in the proceedings apply to the court to stay the proceedings”. (our emphasis) Currently, under Section 13(3) of the…
Theater and Law: The Use of the Actor’s Technique in Arbitration Advocacy
…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…
Has Forum Non Conveniens Gone the Way of the VCR Player? Canadian Court finds the Doctrine Obsolete in Age of Virtual Hearings
…forum non conveniens factors include “the domicile of the parties, the locations of witnesses and of pieces of evidence, parallel proceedings, juridical advantage, the interests of both parties, and the…
Incorporation of Arbitration Clauses by Reference: Recent Developments in Dubai
…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…
CPTPP and ISDS: Three Years On
…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…