…here and here). The Evolving View of the Court By way of reminder, Art. 16(3) provides that “if the arbitral tribunal rules as a preliminary question that it has…
…full-fledged arbitration – and thereby also agree on arbitration rules applicable to such proceeding – the cost for the arbitration proceeding will be in line with those rules. It is…
…for court intervention.1)ICSID Convention, Regulations and Rules, ICSID/15 April 2006. However, States do sometimes seek to resist their Convention obligations, in which case the matter may end up before a…
…to provide a copy of: a document initiating arbitration proceedings (Initiation document), which can either be a request for arbitration or statement of claim, depending on the Rules chosen, and…
…on the beneficiary under the applicable national rules’. For that reason, not the moment of payment was the decisive criterion, but the moment of ‘the acquisition, by the recipient of…
…reservations and carve-outs adopted in the Award and the associated Dissenting Opinion. I suggest that it is through the application of the ordinary rules of treaty interpretation that adjudicators will…
On 15 January 1986, Ecuador signed the Convention on the Settlement of Investment Disputes between States and Nationals of other States (“ICSID Convention”). During President Rafael Correa´s administration (2007-2017), President…
…State-owned power operator (which in 2000 was in the process of privatisation). The agreement contained a clause referring disputes to arbitration under the rules of the Arbitration Chamber of the…
…and institutions themselves – determining questions of waiver of arbitrator conflicts under national law or arbitral rules. Those decisions must take proper account of the high value of the right…
The Vienna International Arbitral Centre (VIAC) has further strengthened its arbitration offering by adopting brand new, stand-alone investment arbitration and mediation rules, the VIAC Rules of Investment Arbitration and Mediation…
…the 2019 Netherlands Model BIT (Art. 20(6)), and rules of arbitral institutions (see e.g. Art. 11.4, 13.4 of the 2018 HKIAC Rules; and Art. 5(5) of the 2020 LCIA Rules)…
…recast regulation, leading to the application of French private international law rules to determine the competent courts. The Paris Court of Appeal further considered that French courts have jurisdiction to…
…a list of issues to be determined”, the ToRs themselves indicated that they were subject to Article 23(4) of the ICC Rules, which provides as follows: “After the Terms of…
…carried out in practice only under the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC Rules”). Conducting EA proceedings in investment disputes is usually associated…
…a further serious indictment of the Convention. There are extraordinarily important differences between the rules appropriate for forum selection and judgment recognition on a global basis (like the Convention) and…
…a valid choice of court agreement (Article 5(1), Article 9(a)).” This is a dramatic departure from both existing private international law rules in most developed jurisdictions (in which the recognizing…
…it seals the process of decision hermetically against any and all other rules. We take note the caveats identified some time ago against exaggerated notions of self-containment in treaty systems,…
…is always the same: top flight service and venue for all your arbitration needs. Notably, NYIAC does not administer arbitrations or publish arbitration rules. However, the “NYIAC Rules” webpage…
…and adopted relevant rules. Yet, despite the wide implementation of officially sanctioned remote means of communication, the danger posed by potentially unethical technological advancements, such as AI manipulated media, was…
…to directly apply “the law or rules of law which it determines to be appropriate”. This adopts the approach in Article 35(1) of UNCITRAL Arbitration Rules which is also the…
…Rules (“EAR”) (subject to completion, without objection, of a silence procedure). The EAR modify certain aspects of the UNCITRAL Arbitration Rules (“UAR”) and must be read in conjunction with them….
…succeed on the merits of the claim.” Article 23.4 of HKIAC Administered Arbitration Rules (2018) (“HKIAC Rules”) adopts the same applicable standard as Section 36 of the Arbitration Ordinance. It…
…arbitration forums. Traditionally, Hong Kong’s BITs have referred to settlement of disputes using only the UNCITRAL Arbitration Rules. For example, the Hong Kong-Japan BIT provides that after a period of…
…launch of the SCC Emergency Arbitration Rules in January 2010 and the reasons behind and beyond the Emergency Arbitration procedure, in particular providing users with quick access to interim measures,…
