…Ed. São Paulo: Saraiva, 2017.) Each agreement is now, more than ever, expected to have its own particularities, and not be entirely subjected to the rules governing only one type…
…submitted to arbitration under the UNCITRAL rules. The key element of Article 188(2) of the LOSC is that the arbitral tribunal shall refer questions on the interpretation and application of…
…by the Convention (A/CN.9/WG.III/WP.190, ¶39). It is hoped that the ICSID mediation rules and the new UNCITRAL Conciliation Rules coupled with the Convention will encourage States and investors to extensively…
…of ISDS. Continent-wide criticism of traditional investor-State arbitration rules and processes can be found, for one, in the AU’s appreciation of the ICSID Proposal for Rules Amendment. In its comments,…
…rules and procedural frameworks to support mediation and conciliation, such as the IBA Rules on Investor-State Mediation or the voluntary mediation rules that ICSID is in the process of adopting…
…or those of the PCA, ICC, SCC, or IBA); alternatively, UNCITRAL could establish its own rules. Indeed, UNCITRAL is in the process of updating its 1980 Conciliation Rules as part…
…issues of confidentiality/transparency. This means that such issues will typically be regulated by applicable procedural rules. Most investor-State mediation rules adopt a default position of confidentiality. This is also the…
…flexibility as the tribunal is not bound by codes of civil procedure and established rules of court. An arbitral tribunal is also bound to decide a case based on the…
…investor-State Mediation Rules as part of its reform process. The Secretariat has indicated that the intention behind these Rules is to “respond to the requests of stakeholders to provide greater…
…recognition and enforcement of ICSID awards trump procedural rules set forth in the CPCU in case of a conflict. As such, under Ukrainian law, Ukrainian courts faced with an ICSID…
…time allowing the parties to continue with the projects. Additionally, in small-value or Minor Works contracts, the use of expedited procedures such as the AIAC’s Fast Track Arbitration Rules can…
…hearings ought to be conducted. According to these rules, parties are entitled to incorporate measures they deem necessary to safeguard the proceedings. For instance, under 22.3 of the ICC Rules,…
…Agnati (2013), confirming the validity of arbitration clauses opting for ICC Rules with a place of arbitration in mainland China. However, whilst the SPC found the choice of the ICC…
…Höft, on the other hand, argued for the application of the Swedish choice of law rules for determination of the applicable law and Swedish law as the law applicable to…
…both the Arbitration Law of PRC and the arbitration rules were silent on the requirements and procedures for clarification. According to the court, whether and when to use clarification falls…
…and testing evidence through live testimony is not incompatible with efficiency. Strictly Apply the IBA Rules on the Taking of Evidence With the advent of the Prague Rules, there…
…usual procedural steps. Preliminary determination is regulated, for example, in the SCC Rules for Expedited Arbitrations (article 40) and in the HKIAC Administered Arbitration Rules (article 43). As a matter…
…other expedited procedures that apply by default based on the amount in dispute. See, e.g., ICDR Rules, Art. 1(4); ICC Rules, App’x VI Art. 1. Another underlying key difference is…
…rules, the default is a sole arbitrator (consider, e.g., Article 30 read with Appendix VI of the ICC Rules of Arbitration; Article 17 of the 2017 SCC Rules for Expedited…
…to arbitrate under the UNCITRAL Arbitration Rules (UARs) would offer the option of a streamlined process. However, the ad hoc nature of the UNCITRAL Rules poses a challenge to introducing…
…expedited arbitration provisions. ICSID Arbitration Rules and UNCITRAL Arbitration Rules, the main arbitration rules currently used for investment arbitration proceedings, are in the process of approving their first sets of…
…prepared draft provisions on expedited arbitration both as an appendix to the UNCITRAL Arbitration Rules (“UAR”) and as a stand-alone set of rules. Without taking a final decision, the WG…
…institutions to take an innovative approach to arbitration through their rules. The successful operation of the SHIAC’s FTZ Arbitration Rules is a good testimony to this. Those rules provide for…
…some claims and not others Tangentially, however, this question raises a pet peeve of mine, which is that parties often do not know which rules of cost recovery a tribunal…
