Interviews with Our Editors: The VanIAC in the Spotlight with Barry Penner, QC
…revised rules for release. Could you preview for us two or three of the key areas of focus in the revision process? Our new International Rules of procedure are nearing…
Search Results for: iba rules on the taking of evidence
Eyes Wide Shut: Why the UKSC Should Have Considered French Law in the Kabab-Ji Case
…consistently held in French seated international arbitrations that in the absence of express choice, mandatory rules of French law and international public policy (i.e., the law of the seat) govern…
2021 in Review, Award Scrutiny, Derivative Claims, India, Joinder, Non-signatory, Seat of the arbitration, Third Party
2021 in Review: India Continues to Make Significant Strides
…Power in the Appointment of an Arbitration Tribunal Taking the lead from an earlier discussion on the issue of unilateral appointment of sole arbitrators, this post looks at one of…
2021 in Review, Admissibility, Annulment, Corruption, Dual Nationals, French Law, Independence and Impartiality
2021 in Review: Arbitration-Related Developments in France
…rules and then the arbitrator’s disclosure duty under article 1456 CPC, expressly stated that its content was not limited to what was foreseen under the arbitration rules chosen by the…
Tribunal Seated in London Awarding Costs of Ancillary Litigation in Warsaw: Another Exception to the General Rule?
…Rules sheds light on the matter when Polish courts order interim measures in support of international arbitration seated in London. Background to the Case In said matter, a dispute…
Cyprus, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Uncategorized
Recognition of Arbitral Awards under the New York Convention by Cypriot Courts
…under Article III of NYC by an obligation to “recognize arbitral awards as binding and enforce them in accordance with the rules of procedure of the territory where the award…
The Contents of the ASA Bulletin, Volume 39, Issue 4 (December 2021) – and a glimpse at Volume 40, Issue 1 (March 2022)
…Assigning Arbitration Awards: Rationale, Structure and Potential Hurdles Céline Deborah KELLMANN, Choice-of-Law Rules Governing Preclusive Effects On Transcending Res Judicata’s State of Ambiguity in International Commercial Arbitration Robert BRADSHAW, Witness…
Achmea, Enforcement, EU Law, Europe, European Law, European Union, Intra-EU BITs, Intra-EU Investment Arbitration, Intra-EU ISDS
German Supreme Court Confirms Intra-EU BIT Does Not Give Access to Investor-State Arbitration in Light of CJEU’s Achmea Decision
…the UNCITRAL Arbitration Rules by an Austrian and a Croatian bank, Raiffeisen Bank International and Raiffeisen Bank Austria, against Croatia based on the 1997 Agreement between the Republic of Austria…
The Contents of Journal of International Arbitration, Volume 39, Issue 1 (February 2022)
…of Witness Memory: Implications for Practice and Procedure in International Arbitration Witness evidence plays a lead role in international arbitrations, yet the reliability of witness evidence in arbitral contexts has…
Hungary: Enforcing Arbitration Agreements by Applying Foreign Law
…that, given the damage claim had arisen from the service contract, the Hungarian courts had jurisdiction. The court of first instance, taking the traditional lex fori approach, applied Hungarian law…
Enforcing Arbitration Agreements Against Non-Signatories in Canada
…confidential pricing and other terms”. Understandably, the plaintiff contested the sufficiency of such evidence. He argued that, first, the absence of proof of the Foundation’s acceptance required the Court to…
Corporate Restructuring, ICSID, ICSID contract-based disputes, ICSID Convention, ICSID denunciation, MFN extension, Peru, Sunset clause
What if Peru (or Another Country) Leaves the ICSID Convention? Possible Recourses for Investors Facing a Potential Change in the Game
…on the international protection of their investments. This article explores some available recourses for investors who foresee its host state might change the rules of the game. It must be…
Arbitration of Corporate Law Disputes in Turkey: Is the Tide Turning?
…provisions addressing the problems peculiar to corporate law disputes is needed. Such rules should integrate specific procedural rules for corporate disputes regulated in the Turkish Commercial Code. In particular, the…
Statistically Confirmed Arbitration Friendliness: Recognition and Enforcement of Arbitral Awards in Ukraine in 2006 – 2020
…Ukraine-related arbitration. Most popular arbitral rules Finally, the Group analysed the dataset to establish under which arbitral rules the awards considered by Ukrainian courts are commonly rendered. Ukrainian ICAC dominates…
Additional Facility Rules, ICSID, International Investment Arbitration, Jurisdiction, Most Favoured Nation (MFN)
After Failing To Cross The Jurisdictional Bridge: What Can We Learn From Kimberly-Clark v. Venezuela?
…In essence, the Arbitral Tribunal found that 1) Venezuela’s consent to arbitration under the ICSID Additional Facility Rules (AF Rules) (in accordance with the relevant provisions of the applicable BITs)…
2021 in Review, Anti-arbitration Injunction, Arbitration Rules, Confidentiality, Investor-State arbitration, Malaysia, Maritime Arbitration, Regional Comprehensive Economic Partnership, Set aside an arbitral award, Singapore, Singapore International Arbitration Centre, Vietnam
2021 in Review: Southeast Asia
…the i-Arbitration Rules 2021 are largely similar to those of the AIAC Rules 2021. Elsewhere, amendments to the Thai Arbitration Institute Arbitration Rules came into effect on 1 October 2021….
Can Third-Party Funding Find the Right Place in Investment Arbitration Rules?
…TPF in investor-State dispute settlement (ISDS), including publication of the VIAC Rules of Investment Arbitration and Mediation (VIAC Investment Arbitration Rules), have enticed us to revisit the subject. TPF continues…
Arbitration institution, Arbitration Proceedings, Arbitration Rules, Innovation, Latin America, Paraguay
The New CAMP Arbitration Rules: Keeping Up with Current Innovations And Trends
On November 12, 2021, the new arbitration rules (the “2021 Rules”) of Paraguayan Arbitration and Mediation Center (“CAMP” for its acronym in Spanish) –the main arbitration institution in Paraguay –came…
DIAC 2.0: A Mirage or A Tale of 1001 Arabian Nights
…London – identical to the LCIA Rules. For the avoidance of doubt, Art. 32.4 of the DIFC-LCIA Rules even empowers the LCIA Court to take over the direct administration of…
BIT, Counterclaims, ICSID, ICSID Amendments, ICSID Arbitration, ICSID Convention, ICSID Proceedings, International arbitration, Investment Arbitration, Investment law, ISDS, ISDS Reform, Third party funding
ICSID Reform: Balancing the Scales?
…Arbitration and Conciliation Rules and the Institution Rules require the approval of two-thirds of the Administrative Council for the rules to be amended. As we await the outcome of the…
2021 in Review: The African Continental Free Trade Area
…commenced, however, not all have been concluded. Some of the vital components that are still outstanding include the Rules of Origin (‘RoO’), tariff schedules, and specific commitments on trade in…
Tenke v Katanga: The English Commercial Court Provides Further Clarity on the Ability to Recover Third Party Funding Costs in Arbitration
…successful party. The Court held that the sole arbitrator’s decision under the 1998 ICC Rules to treat the success fee payable to the third party funder as an “other cost”…
The (Continued) Case for the Emancipation of Arbitration from Canadian Courts: Watch Your Language
…truly recognize commercial arbitration as an independent, alternative dispute mechanism that functions according to its own law, rules, and processes. Standard of review for set aside applications In lululemon,…
Was the European Commission Right to Qualify the Micula Award as State Aid? The Question is Referred Back to the EU General Court
…thus that the Commission was precluded from applying EU state aid rules to this situation (see more in our previous post). This allowed the General Court to avoid discussing the…