…ICSID Rules that refer to tribunal constitution as a specific point in time?3) See, e.g. Article 56 of the ICSID Convention and the following Rules of the ICSID Convention Arbitration…
…own accord, including by reviewing the correctness of the tribunal’s application of the Polish banking supervision rules derived from EU law. The limited review of non-ICSID awards under Member States’…
…in this arbitration, seated in London, and conducted under the rules of the London Maritime Arbitrators Association, settled the respective dispute, and the arbitrators issued a consent award. Due to…
…event, a national court’s choice between the two default rules will largely depend on the jurisdiction’s legal culture and objectives as regards arbitration and civil justice. References[+] References ↑1 A…
New arbitration rules for the Australian Centre for International Commercial Arbitration (ACICA) came into force on 1 April 2021. The 2021 ACICA Rules update the 2016 Rules outlined here to…
…of international arbitration, having now found its place in the latest version of the ICC arbitration rules, and with pro-arbitration jurisdictions Singapore and Hong Kong shedding their historical impediments to…
…would have involved holding that the duty was mandatory while leaving its precise contours to be determined by the parties. Parties (through contract or institutional rules) could then address matters…
…in the contract, which provided for arbitration in India in accordance with either the ICC or the UNCITRAL Rules, was pathological, and whether Devas could rely at the enforcement stage…
…appear to still be within the confines of the existing procedural rules, i.e. no reform of the French civil procedure rules has taken place. Since the establishment of the international…
…the ECT in 2009. From the EU’s point of view the ECT thus lost its historic raison d’ être, which was to embed Russia into a rules-based regional energy framework….
…contributors. KA: In addition to the inclusion of VAPs in institutional rules (as predicted by Irene), it will be interesting to see whether parties drafting arbitration agreements in 2021 expressly…
…as diversity and cost considerations. The Green Protocols are proposed as a voluntary commitment for members of the arbitration community. They are not intended to derogate from any existing rules,…
…On 5 January 2021, four supplementary regulations were approved: (i) the 2021 Arbitration (Rules of Procedure) Regulations, (ii) the 2021 Reconciliation, Negotiation, Mediation and Arbitration (Practitioners Accreditation) Regulations, (iii) the…
…remedies for all infringements of their individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned…
…rather than a set of rules; as one of the first within the arbitration community to spot the potential of investment arbitration when he started his Chronique of ICSID awards…
…of an original claimant, under different treaties. This results in increased defense costs, contradictory decisions, double damages, among others. In view of these situations, treaties should have clear rules that…
…(“SIAC”) under the SIAC Rules. However, the court later reversed its initial decision and decided to receive the petition. In the first instance judgment no. 54/2018/DS-ST dated 16 November 2018,…
…commercial arbitration and examines how they should set about to achieve a coherent set of transnational rules that afford legal predictability to international commercial transactions. James FREEMAN, Karolina LATASZ, Non-identical…
…Article 26 ECT offers the investor the choice between domestic courts of a Contracting Party or international arbitration under ICSID, the UNCITRAL Arbitration Rules or under the Arbitration Rules of…
…Transparency Rules offer two different transparency frameworks. From a purely substantive rule-based perspective, ICSID’s rules provide a comparatively lower degree of transparency in relation to the public disclosure of documents…
…court practices in order to fit the specific needs of its users, as can be seen in the recent introduction of injunctive relief in the ICC rules. This introduction is…
…as the Prague Rules). DISCLAIMER: The Kluwer Arbitration Blog disclaims any and all liability owing to the improper use of astrology, sorcery, or full body massages in arbitration. Any…
…the forceful joinder of a third party in a hypothetical arbitration under the rules of the Swiss Chambers’ Arbitration Institution (Swiss Rules). Third-Party Notice Explained Notice to third parties…
…the ECT if we can manage to find agreement on the substantive rules, including the rules for investment protection as well as sustainable development, the environment, and climate change, and…
