…required all disputes be mediated and then arbitrated in the Netherlands under the ICC Rules. The majority at the Court of Appeal held that the arbitration clause was invalid both…
…pursuant to the International Chamber of Commerce’s (“ICC”) rules and in accordance with Netherlands law. Mr. Heller, an Uber driver, commenced a class action against Uber alleging that it breached…
…(or confiscation: Article 46 Hague Rules of Land Warfare) during occupation/annexation might therefore indirectly also recognise Russia’s sovereignty over the territory. It ought to be noted that many expropriation provisions…
…Arbitration Market A record number of 406 cases were reported by the LCIA (346 arbitrations administered pursuant to the LCIA Rules). This is the highest number of cases to be…
…the UNCITRAL Transparency Rules by reference, but nonetheless contains many of the same disclosure requirements set out in those Rules and in some cases, like other modern treaties, USMCA signals…
…tobacco plain packaging rules. However, the absolute rejection of ISDS by Australia was short-lived. A change of government in September 2013 saw a return to the policy of considering whether…
…of many articles that have reviewed relevant differences with respect to NAFTA, particularly on investment arbitration. This post will explore the arbitration rules applicable to investment disputes under the USMCA…
…of trade-related issues, and includes chapters on rules of origin, technical barriers to trade, intellectual property, competition policy, labour, the environment, and investment. Mexico was the first to ratify USMCA…
…settlement talks between the parties, the insolvency administrator initiated arbitral proceedings under the ICC Rules on 20 December 2007. The place of arbitration was Frankfurt am Main, hence from a…
…there has been no allegation, that the existing rules and institutions are unable to manage conflict issues,5)See Republic of Ghana v. Telekom Malaysia Berhad, District Court of The Hague, Challenge…
…SIAC Rules (2016) provides that the Tribunal shall discuss the procedures that will be most appropriate and efficient for the case; and (iii) Article 22 of the ICC Rules (2017)…
…mechanism prescribed in Article 27 of the UNCITRAL Arbitration Rules and Article 3 of the IBA Rules on the Taking of Evidence in International Arbitration (“IBA Rules on Taking Evidence”)….
…revising their respective arbitral rules (e.g. ICC Rules 2018 or Hong Kong International Arbitration Centre (HKIAC) Rules 2018). Positive and negative implications of competition This competition has various implications….
…of the ICC Arbitration Rules 2017 and Rule 32.3 of SIAC Rules 2016) and also, but less frequently, by the parties to the arbitral proceedings, who may be perfectly invited…
…to certain courts in England, Ireland, and Scotland, and – by virtue of the Schedule to the Reciprocal Enforcement of Judgments Rules, in force since 16 June 1923 – today…
…Dr Judith Knieper presented on the structure and history of UNCITRAL, as well as the mediation framework offered by UNCITRAL, which includes the 1980 UNCITRAL Conciliation Rules and the 2002…
…for Amendment to the ICSID Rules (the “Proposed Amendment to ICSID Rules”) (see recent blog coverage here) These institutional reforms focus largely on procedural rights including, inter alia, fostering transparency,…
…institutional rules,4)Article 42 of the ICC Rules 2017, Article 32.2 of the LCIA Rules 2014 and Article 41.2 of the SIAC Rules 2016. draft awards are subject to either formal…
…question, it is both illogical and unlawful to stall arbitration proceedings against an insolvent entity. Rules of procedure under substantive insolvency ought to be kept separate from the rules of…
…from other arbitral institutions? 2017 was an important year for us as we introduced new and modernized Arbitration Rules and Rules for Expedited Arbitration. Another important development took place in…
…A Review of a Recent Case under TRAC Rules In a recent arbitration case under the Rules of Tehran Regional Arbitration Centre (TRAC), some issues of bankruptcy arose which are…
…session on 14 October 2019 (the New Rules of Evidence). These were formally promulgated on 25 December 2019 (Fa Shi [2019] No. 19). The New Rules of Evidence signal another…
…rules in the interests of life, health and resource conservation (Article XX), including security (Article XXI). These deviations are extended to allow exceptions to MFN and national treatment on grounds…
…rules. Devas instead of referring the matter to the senior management for resolution or notifying Antrix, unilaterally approached the ICC with a request to initiate arbitration. Consequently, ICC wrote to…
