…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…
…record while evaluating the status of the entity; (5) the appropriate burden of proof was the ‘preponderance of evidence’, as opposed to a ‘clear and convincing’ standard; and (6) the…
…not file fresh evidence as of right. Rather, it had to show that “(1) the evidence could not have been obtained using reasonable diligence; (2) the evidence would probably have…
…the discussions taking place in UNCITRAL and ICSID vis-à-vis such reform options. The EU, for example, has indicated that its “ultimate goal is to make a future multilateral investment court…
…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…
…the intersections between the arbitration and insolvency regimes are numerous and multi-faceted, (Jennifer Permesly et al., ‘IBA Toolkit on Insolvency and Arbitration’, International Bar Association (March 2021, last accessed 18…
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 Private Arbitral Proceedings Is a contracting State now in principle answerable under the Convention for the conduct of all private arbitral proceedings taking place within its jurisdiction, or is…
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…
…expressing an opinion that such claims could be heard and determined in a Californian arbitration and the other that it could not. Ultimately, the Court preferred the expert evidence that…
…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…
…details of the procedural conduct of adjudicative proceedings (such as rules of evidence, pleadings and the like). Rather, the universal rule, under virtually every other judgment recognition convention, as well…
…the judiciary. Notwithstanding the empirical evidence gathered, for example, by the UN Development Programme, the International Bar Association, and Transparency International, that the judiciary in many countries lack independence or…
…process, taking of evidence, legal aid, and choice of law, as well as an infrastructure of central authorities, all aiding the operation of cross-border dispute resolution. The HCCH system contributes,…
…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…
