…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….
…to preserve evidence is whether “there is an emergency that the evidence is likely to extinguish or difficult to obtain in the future.” (Article 81.2, CPL.) To obtain interim measures…
…subsequent decision in 2012. Taking a slightly different approach analysing the issue of legal capacity, the court held that an insolvent Portuguese entity was capable of being a party to…
…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,…
…historically disadvantaged and underrepresented women and minorities, creating opportunities for increased visibility and participation while exacerbating existing biases.” With hearings moving online came the question of how to show evidence….
…admissibility of evidence. The IBA Rules on the Taking of Evidence in International Arbitration (‘IBA Rules’) state that ‘The Arbitral Tribunal shall determine the admissibility, relevance, materiality and weight of…
…concluded by reflecting on post-Brexit developments in this arena, noting that the UK was yet to set out a cohesive investment policy and instead appeared to be taking a negotiation-by-negotiation…
…2019, 2) Interactive Arbitration Rules 2019, and 3) UNICITRAL Arbitration Rules 2010 and Administrative Rules for UNCITRAL Arbitration 2019. The Commercial Arbitration Rules 2019 was designed to make arbitration more…
…before the CAS. The three-bench tribunal of the CAS found Sun Yang guilty of violating the doping test rules and handed him an eight-year suspension. Later, Sun Yang sought annulment…
…of the 2013 UNCITRAL Arbitration Rules, the PCA tribunal unanimously dismissed the entire case for lack of jurisdiction ratione personae, in accordance with the provisions of the Investment Chapter of…
…the Optional Rules for Arbitration of Disputes Relating to Outer Space Activities in 2011. These rules provide flexibility to appoint experts in outer space law as arbitrators, guaranteeing that tribunals…
…adverse inferences in the evidence or the legal arguments, considering the misconduct when apportioning costs and taking any other appropriate measure in order to preserve the fairness and integrity of…
The Vienna International Arbitral Centre (“VIAC”) announces its most recent update to the VIAC Rules of Arbitration and Mediation (the VIAC Rules of Arbitration and Mediation 2021) taking effect on…
…Settlement of Investment Disputes Arbitration Rules (the “ICSID Arbitration Rules“). Hence, entering into the ICSID Convention alone does not imply the assignment of any sovereignty of the Ecuadorian State. Notably,…
…regarding issues governed by this Agreement…”. The tribunal recalled the absence of admissibility rules for counterclaims under the UNCITRAL Rules and followed the two-step approach in Saluka, to confirm that…
…was to be heard by way of arbitration in Singapore, the Malaysian High Court and the Court of Appeal scrutinised the facts and evidence presented by the parties in ruling…
This blog post examines the approaches of Belarusian law and judicial practice to the application of public policy rules. Considering specific cases, the author makes suggestions for mitigating the risks…
…used measures among the Survey respondents concerned paperless practices. “Production of documents in electronic rather than hard-copy form in document production exercises”, “submissions, evidence and correspondence in electronic format rather…
…parties to use available resources of the institution. Particular services (i.e., video conferencing, interpretation, electronic bundling and presentation of evidence, etc.) are considered essential when organizing a virtual hearing. With…
…evidence; (c) “de-internationalization” of an arbitration despite the presence of a foreign party where the court, in its discretion, deems Italy to be the “centre of interests” for the performance…
…validity of an arbitration agreement including its scope. Under the Chinese legal system, such reviewing courts are spread amongst different geographical locations. Taking arbitration agreements choosing Shanghai International Economic and…
