…(presentations, recording, real-time electronic transcripts or electronic organisation and presentation of evidence during the hearing) or cloud-based data storage. In 2018, the Queen Mary University international arbitration survey highlighted that…
…clarify: ability of the court to examine new evidence or to engage in a de novo assessment of evidence de hors the analysis of the arbitral tribunal; the scope of…
…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…
…expert evidence, but also on how international arbitration as an industry may benefit from implementing practices that hold experts, and the work they produce, to account. Being ‘Straight’ with…
…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…
…truth trumps the general interest in observing procedural rules regarding delayed evidence. The court found that this reasoning should analogously apply to its review of the award, absent a divergent…
…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),…
…party-appointed experts. Among the most relevant such instruments are the 2021 IBA Rules on the Taking of Evidence (IBA Rules), the 2006 ALI / UNIDROIT Principles of Transnational Civil Procedure…
…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…
…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’…
…goals, especially at early stages of their career. As known, the IBA Guidelines on Conflicts of Interest in International Arbitration consider doubts as to the arbitrator’s impartiality or independence as…
…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….
