…ICC Rules (and Taglia’ Apau’s inability to cover Pastificio’s share), the ICC brought an end to the arbitration proceedings in accordance with Article 36.6 of the 2012 ICC Rules. In…
…eve of a hearing or in the middle of drafting an award in a different case. The proper role of institutions is not to set their own Rules of (say)…
…“promote greater stability in the rules that govern foreign direct investment” and “stimulate competition and the enterprise spirit with the objective to ameliorate life conditions and the general wellbeing of…
…a fundamental change in the rules of the game. Kathryn Khamsi noted that there is a new wave of incentivisation of renewable energy projects, and drew certain lessons from the…
…its scope of application. Others, such as the definition of sports rules, do not have an economic nature and thus fall outside it. Sports rules might, however, limit access to…
…with respect to the parties. An illustration of this being Article 10 of the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce, which provides that the…
…cf. paras. 33, 36, 53). In the absence of specific rules on incorporation of standard conditions in the CISG, the BGH applied Article 8 CISG on contract interpretation. Because of…
…the dozens of articles published by practitioners on firm websites and the arbitral forums and credentialing organizations have contributed new rules and guidelines. Kluwer responded with remarkable speed by compiling…
…taking of such a measure would not give rise to any right to seek compensation. Therefore, the Tribunal concluded that Colombia’s actions should not have been taken without the payment…
…5. Any well-seasoned common-law practitioner would be very uncomfortable with the very idea. Even the rules of evidence taught in most countries will not apply in international arbitration. Instead, international…
…to the dispute as part of the governing law of the contract or as overriding mandatory rules, rather than facts that frustrate the contract’s performance. The issue here is that…
…viewed as “transnational public policy” rules (see ILA report, Recommendation 2, (b) and 3(b)). International public policy rules in relation to due process concern procedural guarantees and remedies against unfair…
…be voided on maintenance or champerty grounds, the courts will be able to examine the validity of a CFA taking into account the requirements of the Act and subsidiary legislation,…
…Interactive Arbitration Rules 2021). There have also been developments in the JCAA’s mediation rules. In 2020, the JCAA promulgated new Commercial Mediation Rules applicable to domestic arbitration and mediation. The…
…in the Pacific – for example, the Guangzhou Arbitration Commission has made some recent innovations in its online dispute resolution rules. Eric Chang also mentioned that the current Russia-Ukraine conflict…
…partnership between IFTA and the AAA-ICDR, effective January 4, 2022. According to a January 2022 press release, “IFTA and the ICDR worked together to promulgate new Rules for IFTA Arbitrations,…
…the IBA. As for the committee membership for proliferating IBA instruments, such as the Evidence–Taking Rules, there was an even heavier prevalence of Lawyers (95%) although this was less surprising…
…On the contrary, it can only be established by “probative evidence that goes to the specificity of the issue in dispute” (para. 8.1.10), which is an element that legal indicators…
…as withdrawn and there was also no action taken by the claimant to resubmit the case to arbitration in line with the applicable rules (i.e., the DIAC 2007 Rules Appendix…
…Panel of Investor-State Mediators. Meg Kinnear (Secretary General of ICSID) noted that the ADGM’s initiative perfectly complements ICSID’s own initiative in introducing Investor-State Mediation Rules, which have been approved by…
The recent Award in AFC v. Colombia dated 24 February 2022 provides new developments on the scope of Rule 41(5) of the Arbitration Rules of the International Centre for the…
…years), which is automatically renewed unless either party decides to terminate it in accordance with the respective termination clause. Taking BITs with 7 top-receivers of Russian FDI mentioned above as…
…to provide evidence to “interested person[s]” for use “in a proceeding in a foreign or international tribunal.” (see, for example, here, here, here, here, and here). Following an increasingly deepening…
…of arbitrators expands, networks can run short. Meanwhile, ethics rules prohibit all but the most perfunctory questions in arbitrator interviews. Questions about procedures in the case are definitely off-limits. As…
