…witness statements, as PD57AC came into effect. Witness statements in the English Courts became the norm with the introduction of the Civil Procedure Rules (“CPR”) in 1999. The intention was…
…African states are parties to the New York Convention. ↑2 Article 5 of the CAJAC Rules. ↑3 Article 34 of the CAJAC Rules. ↑4 Article 34 of te CAJAC Rules….
…be required. What is the Added Value of Specific Rules for Registration of International Arbitral Institutions? The two international institutions that exist in Ukraine are the International Commercial Arbitration…
…investment regime, with diverse substantive standards and diverse procedures for adjudication. Such diversity will not produce the predictable, consistent and stable rules that the reformers are seeking. Instead, reformers are…
…entities and those involving publicly listed companies. This autonomy is revealed when the parties choose the applicable rules to their arbitration. Therefore, confidentiality is a rule set forth in several…
…some arbitration rules explicitly address the matter. If the applicable rules do not do so, the tribunal has discretion to delegate certain tasks to the secretary, as long as they…
…room, they continued to draft the rules in the old insurance offices. Eventually, the tribunal secured funding for one, and then an additional two, court rooms. In the meantime, in…
…a claim under the ICSID Convention, the ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules or any other rules on agreement of the disputing parties (Art. 27). Failing to do…
On April 19, 2021, the Secretariats of the International Centre for Settlement of Investment Disputes (ICSID) and the United Nations Commission on International Trade Law (UNCITRAL) released the second draft…
…legal perspective, the arbitrator must consider whether the parties have agreed to proceed remotely and whether there are any restrictions related to remote proceedings derived from the rules applicable to…
…Hong Kong and Singapore. It also examines relevant provisions in the rules of the major arbitral institutions in each of these jurisdictions. It concludes that Singapore and Hong Kong have…
…that enforce existing rules against the investor’s own wrongdoings. Second, no compensation may be required for regulatory measures that abate threats that the investor’s activities pose to public health, environment…
…in accordance with the ECT and applicable rules and principles of international law. As the CJEU elucidated in Achmea, EU law is a part of such rules of international law…
…stay proceedings to allow notification procedures to be undertaken in accordance with the respective rules after the lockdown has eased (despite the new provisions of the FAL allowing for electronic…
…issued the new Hydrocarbon and Fuel Import and Export Rules (the “Petroleum Import/Export Rules”), which sought to limit the ability of private companies to import and export fuel and hydrocarbons…
…earlier disputes, and which provided for resolution of disputes by arbitration in Zurich, in accordance with ICC Rules. PASL invoked arbitration in 2017, claiming damages of about USD 175 million,…
…Chart 25: 93% of respondents favoured the inclusion of emergency arbitrator provisions in procedural rules. Many widely used sets of arbitration rules now include these features. Mr Sabharwal suggested that…
…awards, the so-called ‘slip rules’. The current practice is dominated by these slip rules, and the default functus officio doctrine is applied only on relatively rare occasions in which no…
…require this threshold (i.e., article 12.1 UNCITRAL Arbitration Rules, article 10.1 LCIA Rules or rule 14.1 SIAC Rules). The MIAC Rules Adhere to Leading International Practice The absence of…
…its new rules? (*winks*) AU: In my view, institutional rules are ‘same same, but different’. Institutional rules would inevitably have similarities because of the scope of services offered. There is…
…rules (see e.g. Article 28 DIS Rules), but is under-used and often overlooked. On close consideration, the Frankfurt court cannot be understood to have written a blank cheque for tribunals…
…these disputes, parties with an Australian connection are using institutions and rules that are both global, like the ICC (~ $10 billion AUD) or UNCITRAL rules (~ $9 billion AUD),…
…2020 LCIA Arbitration Rules, Article 33(1) of the 2017 SCC Rules, Article 25(1) of the 2016 SIAC Rules 2016). However, such acknowledgement is not accompanied by a list of duties…
…provisions contained in institutional rules of arbitration, where, in general, one arbitrator is nominated by the claimant, the other one is nominated by the defendant, and the presiding arbitrator is…
