…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…
…games and visual and performing arts”. The protection of traditional knowledge involves taking measures to ensure that unauthorised parties do not unfairly acquire intellectual property rights over indigenous peoples’ knowledge,…
…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…
…unstamped or inadequately stamped, cannot be read in evidence “for any purpose”, barring in criminal proceedings. The provision is widely worded, but, does it preclude enforcement of an arbitration agreement…
…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…
…Cue the IBA Arb40 Guide on Technology Resources for Arbitration Practitioners, which has been our inspiration for this series. The Guide provides an orderly taxonomy of different tool types that…
…ICCA Reports No. 6: ICCA-NYC Bar-CPR Protocol on Cybersecurity in International Arbitration (2020 Edition) and IBA Cyber Security Guidelines provide similar advice. However, any system is only as secure as…
…considered as legal evidence that the signatory has done so in the name of the company and on its behalf unless proven otherwise. Public Joint Stock Companies – A…
…and 12.66 BCD, which shall finally be settled in CNY pursuant to the CNY-USD exchange rate at the date of the Award) plus interest to Li, by “taking reference” of…
…of Astrology in force at the time. As provided by Article 13(5) of the said Rules, the third, or presiding astrologist, shall not be of the same sign as 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…
…inherent flexibility of arbitration sufficiently when it comes to expert evidence. Is Expert Evidence Necessary? The starting point for considering the effectiveness and efficiency of the use of expert…
…convincing evidence. The CAS panel observed that it was effectively impossible in the present case for the athlete to adduce actual evidence or concrete origin of the prohibited substance. On…
…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…
Introduction On 17 February 2021, the International Bar Association published its revised Rules on the Taking of Evidence in International Arbitration (“IBA Rules”), replacing the former rules from 2010. The…
…1 lessons The following measures are developed around four key lessons from Formula 1 mentioned earlier. The aim is to provide a minimum, but not exhaustive, set of rules to…
…the WTO Government Procurement Agreement, the EU Rules for Public Procurement, and UNCITRAL Model Law on Procurement. In a post-Brexit environment, the UK Government’s recently published Green Paper. Jane describes…
