…be made based on the special rules in Article 21 and thereafter based on the general rule in Article 19. The Court of Appeal then considered Article 21.1(c) of the…
…including cross-examination (for instance in the so-called Prague Rules or Rules on the Efficient Conduct of Proceedings in International Arbitration), excluding them altogether seems too far-reaching in most cases. In…
…the contrary, the English courts followed the Sulamerica standard applying the English conflict of laws rules, which require to consider (i) whether the parties expressly chose a law governing the…
…be disbursed from the insolvency estate once the trustee has been appointed. The domestic rules need to be considered in order to conclusively decide the fate of the intersection, especially…
…in older generation bilateral investment treaties (BITs). Even where those have provided in advance for the option of ICSID (Convention or Additional Facility) Conciliation Rules, investors have rarely invoked them….
…technology; and (ii) enforcement of procedural rules and ethical conduct in cross-examination. On (i), Mr Bang argued that adequate high-speed internet connectivity is not always available and virtual hearing hubs…
…Mr Reyes noted that the Prague Rules were unlikely to help in stemming the problems. He added that while the Prague Rules encouraged tribunals to be proactive, this failed to…
…rules. In a recent SIAC case involving our Chinese client, it was not difficult to explain to the Chinese company the importance of and rules for document production that it…
…[2014] at 3106. We illustrate this below with Singapore and Korea as examples. Further, institutional rules tackle the issue differently. For example, in SIAC 2016 Rules, Rule 32.9 provides that…
…achieved during EU membership, the EU seeks to uphold “common high standards” on competition policy, trade and labour protections and environmental standards, proposing EU rules as “reference points”. Were the…
…an application under section 27 of the LCIA Rules 1998 (“the Rules”) seeking clarification from the Tribunal as regards to what was meant by “ICRA OC”. The LCIA’s position was…
…Tribunal. The provision under the contemporary set of rules, i.e., the ICC Rules 1998 also purported to achieve the same effect. In fact, Article 34 of the ICC Rules 1998…
…European Union have moved towards stricter FDI rules. In all of these cases, security concerns and, in particular, the need to protect cutting-edge technologies against theft and prevent foreign control…
…to apply their own rules of procedure, pursuant to Article III of the New York Convention. However, the application of some of these procedural rules may lead to the award…
…interpretation under institutional rules and legislative acts (so-called “slip rules” such as Article 35 of the 2012 ICC Rules and Article 57 Arbitration Act), the latter is impermissible according to…
…facilities, recording equipment, clear rules, language diversity, case management, and neutrality. Respondents further reiterated on a list of facilities that an African centre should provide as an international arbitration centre….
…the parties have agreed otherwise (directly or by reference to the rules of an arbitration institution), a three-member panel will be appointed. Article 179(2) PILA provides that where the parties…
…to enforcement of award because of VHs. Article 19 of the LCIA rules straightforwardly grants the arbitral tribunal the power to decide upon the form of the hearing: “… a…
…parties’ expectations regarding the tribunal’s conduct of the proceedings within a procedural legal framework. The procedural legal framework is usually formed of the due process standard, procedural rules introduced by…
…Institutional arbitration rules referred to in the arbitration clause need not be notarized in full, as long as the arbitration clause contains a clear reference to such rules (article 697n(3)…
…been given a further boost by the publication by the Arbitration Foundation of Southern Africa (AFSA) of its draft International Arbitration Rules (the Draft Rules), which are currently out for…
On 11 August 2020 the LCIA unveiled the long-awaited update to its Arbitration Rules (the 2020 Rules). The 2020 Rules will become effective on 1 October 2020 and will apply…
…or particular issue.” Similarly, institutional rules provide for dispositive motions. Rule 18 of the JAMS Comprehensive Arbitration Rules and Procedures has permitted dispositive motions since April 2003, but the AAA…
…rules is notorious. Already back in 2007, enforcement of EU state aid rules prompted the CJEU to disregard the principle of res iudicata in domestic civil court proceedings (C-119/05 Lucchini)….
