…inquire about the accuracy and evidence supporting claimed sustainability commitments. More claims against States in response to climate actions are expected. Claimants will rely on bilateral investment treaties and contract-based…
…is bound by it. This post will further analyse these views, arguing that the divergent reasoning highlights the fraught issue of characterisation under the English choice of law rules, and…
…civil procedural rules of the other jurisdiction. Further, applications for court-ordered interim measures must be processed as expeditiously as possible. In addition, subject to the applicable local legal requirements in…
…As you have mentioned, the KCAB International Arbitration Rules (“KCAB Rules”) were revised significantly in 2016 to include, among other things, an emergency arbitration procedure, joinder and consolidation provisions and…
…also expected that arbitral institutions and governments in Africa will find the survey useful when establishing or revising their rules in relation to costs and disputes funding. The full…
…our new Rules, which entered into force on January 1, 2022. These Rules follow an innovative approach which allows to maintain more flexible arbitrations and at the same time provide…
…rendered a 600 pages judgement, reflecting an incredible feat and an attention to fairness that only London could offer. Second, the flexibility of the LCIA rules was considered unique. In…
…transition is uncomfortable and requires immense work and efforts. Despite potential damages under BITs, not taking regulatory action to curb climate change will be more expensive for everyone. In that…
…And, she continued, in the US there is currently a wide practice of companies taking advantage of publishing sustainability reports, which are visually pleasing, but nothing more as usually lack…
…by Brexit, as US companies are planning to increase their presence in England. London remains a very attractive place for business – anecdotal evidence for this is that (most) major…
…conflicts between arbitrators and counsel of parties. Uff clarified that while this situation is covered by the IBA Guidelines on Conflicts of Interest in International Arbitration 2014 when there is…
…it brings to the UAE jurisdiction. They view the unification of Dubai’s different arbitral institutions under the umbrella of an improved DIAC with a revised set of arbitral rules and…
…the CEMAC Arbitration Rules), which is also different from the pattern in the majority of other arbitration rules. For instance, under Article 15 of the Arbitration Rules of the OHADA…
…concluded that, under the ICC Rules, in the absence of an agreement by the parties to the contrary, the arbitral tribunal has the power to impose sanctions.3) See, for example,…
…in the judgment granting leave to appeal (paras. 2, 27-28), the CA had refused to issue an anti-suit injunction to prevent Plaintiffs from taking further steps before the Oklahoma court….
…firms that are chosen after taking into account the initial analysis of the case, the amounts claimed, the expected complexity and risks, and the quality of the opposing counsel. Boutique…
…vague but applicable and routinely applied rules. The problem appears at the application level, where we can identify good and bad examples of the rule’s application. Thus, U.S.is addressing the…
…a copy of the award certified by the Secretary-General of ICSID. Predicting potential criticism of the Turkish Court of Cassation taking a formalistic approach,3)See for example Nuray Ekşi, ICSID Hakem…
…as the Digital Dispute Resolution Rules (“DDRR“). This is one of the first major efforts to create arbitration rules for digital asset disputes, noticeable not least because the major arbitral…
…rules of the chosen arbitral institution provided for emergency arbitration, as was the case with the SIAC, the emergency award fell within the scope of the Indian Arbitration and Conciliation…
…of choices in applicable rules for an arbitration. Institutional rules can differ in certain respects (for example, different thresholds for expedited procedure rules, or different approaches to consolidation), and therefore…
…least three possible dispute resolution tools for resolving digital disputes: (i) “traditional” dispute resolution in the courts or through arbitration, (ii) “modified” international arbitration, where the rules of “traditional” arbitration…
…the ‘pro-disclosure’ direction ISDS-reform is taking regarding third-party funding, the Model BIT makes no reference to third party funding and disclosure. Other Model BITs, such as the 2019 Dutch Model…
…proceedings? In recent years there has been a proliferation of innovative rules (both institutional and others) that are aimed at reducing inefficiencies and streamlining the arbitral process. Many of them…
