ADGMAC Protocol for Remote Hearings: An Overview
…T of the Protocol encourages the parties to agree in writing that remote video-conferencing constitutes a fair and acceptable means of holding hearings and taking of evidence by the Tribunal…
Search Results for: iba rules on the taking of evidence
Why States Should Not Ratify, and Should Instead Denounce, the Hague Choice-Of-Court Agreements Convention, Part III
…the difficulties in obtaining evidence, language and other obstacles (i.e., cost, risks of official interference and the like). Likewise, proving governmental interference in individual proceedings is extremely difficult. As a…
Why States Should Not Ratify, and Should Instead Denounce, the Hague Choice-Of-Court Agreements Convention, Part II
…cases involving forum selection agreements, national court litigation is predominantly a non-consensual process, taking place within a single legal system, with very limited external scrutiny. Parties have virtually no role…
Why States Should Not Ratify, and Should Instead Denounce, the Hague Choice-Of-Court Agreements Convention, Part I
…Rules Article 3 of the Convention prescribes three basic rules regarding choice-of-court agreements. First, Article 3(b) provides that a choice-of-court agreement is deemed to exclude the jurisdiction of all courts…
A Swiss “(R)Evolution”: SCAI Becomes the Swiss Arbitration Centre and Enacts New Arbitration Rules
…became the Swiss Arbitration Centre (the Centre), and (ii) the revised Swiss Arbitration Rules entered into force (the 2021 Swiss Rules). The 2021 Swiss Rules, on which this post will…
Procedural Fairness, Set aside an arbitral award, SIAC, Singapore, Singapore Court of Appeal, Singapore International Arbitration Centre, UNCITRAL Arbitration Rules, UNCITRAL Model Law, Witness, Witness Conferencing, Witness Statement
How Sacred is the Right to be Heard in Arbitration?
…2016 SIAC Rules and 17.3 of the UNCITRAL Rules, for example – such that the decision could have some impact on arbitrations under those rules. However, the challenges in this…
The Contents of Journal of International Arbitration, Volume 38, Issue 3 (June 2021)
…reimbursement by the respondent before the final award is rendered and costs are allocated. The article will discuss the position under various institutional rules and draw a comparative analysis between…
Romanian and Moldovan Perspectives on Construction Disputes during COVID-19
…in international arbitration: the IBA Rules on the Taking of Evidence in International Arbitration (2020), the IBA Guidelines on Party Representation in International Arbitration (2013), the CIArb Protocol for the…
Legal Challenges that the ICC and SIAC May Face in Russia
…laws and uncertainty as to what rules shall prevail. Theoretically, this conflict should not be an issue. The general Russian law rules of interpretation being applied, the provisions of the…
Egypt, Lloyd’s Standard Salvage and Arbitration Clauses, London Maritime Arbitrators' Association, Maritime Arbitration, Maritime Arbitration Rules of the New York Society of Maritime Arbitrators, MENA, Middle East, Shipping, York-Antwerp Rules
Shipping Casualties and Arbitration: Reflections on the “EVER GIVEN”
…two well-known institutions’ rules (the ICC and the LCIA) – remain challenging and relatively rare. However, the most commonly used rules in international maritime arbitration are those of the London…
The Abu Dhabi Court Considers Special Authority is Required to Conclude an Arbitration Agreement by Power of Attorney
…valid arbitration agreement and the application of rigid rules of waiver or technical defaults is clearly inconsistent with the fundamental pro-enforcement treatment of arbitration agreements under the New York Convention….
Will London-Seated Arbitration Follow The English Courts’ Approach To Witness Statements?
…as to the correct approach to their preparation more generally. The IBA Rules on the Taking of Evidence in International Arbitration (2020), Art. 4(5)(b) (which is unchanged from their 2010…
The Often-Overlooked Value of African Seats for African-Chinese Disputes
…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….
Draft Bills on Registration Requirements for Arbitral Institutions: Is Ukraine Joining the Regional Trend?
…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…
Arbitration Reform Efforts: Are Reformers Wasting a ‘Once-in-a-Lifetime’ Opportunity?
…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…
Recent Issues Regarding Confidentiality in Arbitration in Brazil
…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…
Setting the Stage for the Final Yukos Setting Aside Verdict in The Hague: Advocate General Advises Dutch Supreme Court to Uphold PCA Awards
…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…
Judge McDonald on Diversity in International Law: “It Saddens and Pains Me that Not a Lot Has Changed.”
…there were 142 African American women lawyers in entire United States, taking up a job at the NAACP Legal Defense Fund, the foremost civil rights legal organization in the country….
Release of the New Canadian FIPA Model: Reflections on International Investment and ISDS at a Crossroads
…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…
Arbitration Institutions and Rules, Code of Conduct, ICSID, ICSID Arbitration, ICSID Procedure, ICSID Proceedings, Investment Arbitration, UNCITRAL, UNCITRAL Arbitration Rules
The Second Draft of the Code of Conduct for Adjudicators in International Investment Disputes: Towards a Likely Agreement?
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…
Challenges in Winning and Managing First Appointments
…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…
The Contents of Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, Volume 87, Issue 2 (May 2021)
…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…
Arbitration, Arbitration Proceedings, COVID-19, Intellectual Property, International arbitration, Investment, Investment Arbitration, Investment law, Patents
Can Pharmaceutical Companies Counter the Waiver of their Patents for COVID-19 Vaccines through Investment Treaty Arbitration?
…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…
CJEU, Energy Charter Treaty, European Law, European Union, Intra-EU ISDS, Investment Arbitration, Investment Disputes
AG Szpunar’s Opinion in Case C-741/19: Preparing the End of Intra-EU Investment Arbitration Under the Energy Charter Treaty?
…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…