…release of frozen assets, this limitation may create yet another obstacle for arbitral institutions and their banks. Potential Implications of the Rules on the Exclusive Jurisdiction of Russian Courts Due…
…rules as well as updated fact-finding rules. What was the main driver leading to the development of these rules? How do you anticipate that mediation or fact-finding proceedings under these…
…the long-awaited, new DIAC arbitration rules (New DIAC Rules), which came into effect as of today (21 March 2022). The New DIAC Rules will apply to all requests for arbitration…
…Labs, creator of the Avalanche smart contracts platform. Ryval calls this crypto offering the world’s first “Initial Litigation Offering,” or ILO – taking inspiration from the mechanics of the most…
…institutional rules exclude the possibility of any non-mandatory appeals (see for example Rule 26.8 of the LCIA Rules, and Article 35(6) of the ICC Rules). This provision has always been…
…to the commonly adopted IBA Rules on the Taking of Evidence (2020) (“IBA Rules”). (For previous posts on the Prague Rules, see, e.g., here, here, here, here, here and here.)…
…disputes falling in the second category – which are settled through arbitration under the ICSID Convention, UNCITRAL rules or under any other arbitration rules – that the treaty has introduced…
…Arbitration According to the autonomous arbitration theory, arbitrations must remain autonomous and free from state interference. Accordingly, international arbitrations must be governed by international rules and practices, and not national…
…relief from sanctions. But even in such cases, the difficulties caused by Covid-19 will be balanced with the impact on the hearing of taking the Covid-consideration into account. As a…
…under the ICC Rules of Arbitration inter alia on the ground that the arbitrators allegedly failed to properly sign and date the award. The tribunal rendered its award on 26…
…the discrepancies between the DIFC-LCIA arbitration rules, which largely mirrored the LCIA Arbitration Rules, and the current version of the DIAC Arbitration Rules, which were last updated in 2007. With…
…monetary policy. It thus weighed in on an issue where national courts have diverged and aligned with a strain of international jurisprudence taking a nuanced approach to central bank immunity….
…evidence obtained in arbitration Similarly, the Mediation Law is very broad in regulating the use of evidence obtained through the mediation in an arbitration proceeding. The Mediation Law deals with…
…Hong Kong should be amended to permit lawyers to use outcome related fee structures (“ORFSs“) for arbitration taking place in and outside Hong Kong. On 15 December 2021, the Commission…
…so, we do not mean to minimise or ignore the many other conflicts that are still actively taking place, loudly or quietly, around the world today. In 1968, the Rann…
…II began planning for prosecutions during the War, so evidence–taking and work on the appropriate legal framework for an international tribunal ought also begin now. The International Criminal Court’s prosecutor,…
…mediation rules). However, to the extent disputes clauses do regulate the procedure, they typically provide only minimal procedural guidance relating to the commencement of the process (e.g., written notice requirements,…
Delos Dispute Resolution (Delos) has introduced its first significant update to the Delos Rules of Arbitration (the 2021 Delos Rules) which entered into force on 1 November 2021. The new…
…Tribunal acted under the UNCITRAL Rules and the dispute was brought under the Guatemala-Israel BIT (2006) (the “BIT”). Among the many legal issues analyzed by the Tribunal, this entry focuses…
…found its way into the 2010 update of the institutional arbitration rules of the Netherlands Arbitration Institute (“NAI”) (see Article 55(2) of the NAI Rules, 2010). The confidentiality rule can…
…its Member States. Lavranos remarked that as of now, an ECT arbitration proceeding under other rules than ICSID, and with a seat in the EU, would most likely risk being…
…is precisely what The Hague Rules on Business and Human Rights Arbitration seek to supplement. The Hague Rules modified the 2010 UNCITRAL arbitration rules to adapt them to human rights…
…Code of Procedure. Additionally, the 2021 Rules amended the production of evidence which is now governed by principles consistent with the IBA Rules on the Taking of Evidence in International…
…application may not be made by a person before taking the appropriate procedural step (if any) to acknowledge the legal proceedings against him or after he has taken any step…
