…to choose among the ICC Rules, UNCITRAL Rules or PCA environmental rules), the World Bank’s Forest Carbon Partnership Facility general conditions for emissions reduction payment agreements (PCA Secretary-General as appointing…
…evidence of any practical difficulties preventing a sanctioned party from participating in an arbitration seated outside of Russia; the sanctioned party can simply unilaterally opt for the jurisdiction of Russian…
…(“Law 206”). Among other things, Law 206: (i) establishes “principles and directions” aimed at enhancing the “efficiency of civil proceedings and amending the rules concerning” arbitration and other methods for…
…institutions. The JCAA’s revised arbitral rules, which included changes to expand the applicability of expedited arbitration procedures, came into force in July 2021. Our contributors also compared the guidelines and…
…its sixth and final Working Paper on proposed amendments to the procedural rules to resolve investment disputes. Even though the proposals do not touch upon the substance of investment agreements,…
…appreciate and respect customary limits of information exchange in international arbitration, such as those articulated in the IBA Rules on the Taking of Evidence in International Arbitration. Reliance disclosures and…
…acceptance of the appointment; (iv) provide for the possibility to resort to the IBA Guidelines on Conflicts of Interest in International Arbitration and the IBA Rules on the Taking of…
…provides for enforcement in line “with the rules of procedure of the territory where the award is relied upon”. In this regard, the Court found that “the rules of procedure”…
…2021, ACICA had a busy year releasing an updated version of its Arbitration Rules and Expedited Arbitration Rules in 2021. The rules apply to arbitrations commenced from 1 April 2021….
…rules relevant to the negotiation, validity, and interpretation of treaties had grown to become a fairly comprehensive body of rules and it seemed opportune to codify these rules. The ILC…
…subset of the numerous rights under IHRL, but it does evidence an integral interaction. 2) Investment Treaties As we have detailed elsewhere, IIL and IHRL can and do interact…
…not least in UNCITRAL’s Working Group III, the ECT modernization process, and the revision of the ICSID arbitration rules – but progress is limited and slow, and the integration of…
…perspective shift culminates in a reform debate, generally, and more specifically in a discussion of reinterpreting current IIAs and arbitration rules, on the one hand, and the long-term mission of…
…possible approaches to harmonizing both regimes. Kiran Gore focuses on the Vienna Convention on the Law of Treaties (“VCLT”) as a disciplining force in international law. Its rules of…
…or clandestinely embedded in the assessment of evidence or allocation of costs and fees. In sum, most alleged guerilla tactics and arbitrator responses are hidden from view, even in published…
…did consider the evidence, albeit giving it less weight. Circumstances could arise in another Tribunal hearing which might think it inappropriate to admit disputed forensic evidence that cannot be fully…
…may eventually deal with the issue in set aside proceedings. Foreign parties unfamiliar with Brazilian arbitration rules and law also benefit from the Digest. As a matter of fact, there…
On 15 November 2021, P.R.I.M.E. Finance launched its revised P.R.I.M.E. Finance Arbitration Rules (the Rules). A launch event was held on 6 December at which Georges Affaki, Martin Doe of…
…KluwerArbitration website. The upload consists of a selection of six awards rendered under the rules of the International Chamber of Commerce (ICC), dealing with issues such as the application of…
…Rules; Article 20 of the Arbitration Rules of the Milan Chamber of Commerce). The reform will also explicitly provide that: (i) the judicial decrees recognizing foreign awards are immediately enforceable;…
…instrument, on a treaty-by-treaty basis, by agreement on a case-by-case basis, or through the arbitral institutions themselves, by incorporating it in the procedural rules, adjudicators’ declarations or court rules and…
…both arbitration counsel and arbitrators, as well as to arbitrating parties on particular areas of the arbitration process that are usually not addressed in arbitration rules. Since 2016, apart from…
…of this general effort, the TIAC has introduced a new set of Rules of Arbitration (the “2021 TIAC Rules”), which adopts a number of amendments to the 2019 TIAC Rules….
…the parties present their respective cases. Reviewing courts will determine the scope of the mandate by examining the claimant’s specific relief sought, the grounds and evidence that the claimant invokes…
