…Are Non-Arbitrable With the amendments of 2017, the rules on arbitrability were further supplemented. Prior to these amendments, Art. 19(1) of the CPC stipulated that all types of disputes concerning…
…developments in 2022, including new arbitration rules and laws. Specifically, all eyes will likely be on the UK Law Commission as the 1996 Arbitration Act revision will address the power…
…updating their rules and publishing guidelines to address these concerns with virtual hearings. Virtual cross-examination has been the subject of the most debate and logistical difficulty, but the idea is…
…transparency, particularly if the reasoning applied might not be divined – unfortunately, Tyndaris was struck out for procedural reasons. A further difficulty lies in evidence. As AI systems improve, evidence…
…Rules Next, Claudia Annacker, a Partner at Dechert LLP, spoke on the Vienna International Arbitration Centre (“VIAC”)’s new investment arbitration rules. The new rules are specifically tailored for investor-state disputes….
…Australia’s Pro-Arbitration Culture This article compares the new Rules of the Australian Centre for International Commercial Arbitration (ACICA) with ACICA’s 2016 Rules and those of other arbitration institutions, especially in…
…and consistent circumstantial evidence to prove corruption could include, for instance: limited evidence of the services provided. The only contemporaneous pieces of evidence presented by ABL on the services provided…
…on Renewable Energy and Climate Change, which discussed disputes in renewable energy in the Caribbean community and whether litigation risks may discourage states from taking climate policy action and developing…
…hydrocarbons (O&G) markets. In the O&G realm, the Ministry of Energy (SENER) issued the new Hydrocarbon and Fuel Import and Export Rules (the “Import/Export Rules”). Among other things, the Import/Export…
The Danish Institute of Arbitration (the DIA) updated its arbitration rules this year. The DIA Rules of Arbitration 2021 (the DIA Rules 2021) apply to arbitrations commenced on or after…
…the stand-alone investment arbitration and mediation rules that are available since 1 July this year and that were a product of the latest Rules Revision in 2021. Another highlight for…
…rules of the ICC, which is headquartered in Paris. On this basis, the Qatari courts concluded that this award did not need to be issued in the name of the…
…SCC, and that therefore the clause was not ambiguous. Another award, one of two published in the Yearbook, concerned the effectiveness of the SCC Expedited Arbitration rules. The arbitrator held…
…award. Then, section 61 of the Act contains specific regulations on the evidence a party has to submit when applying for the recognition and enforcement of an arbitral award. These…
…accordance with Article 33 of the ICC Rules of Arbitration. the relevant arbitral institution might be required to secure a specific license. For that reason, the threat of secondary sanctions…
…of the questions, Benno and Edna have provided joint answers, unless otherwise noted. Thank you for taking the time to speak with us after another whirlwind New York Arbitration Week!…
…exception nearly swallows the rule: if there is clear and unmistakable evidence that the parties intended to refer the question to the arbitrators, then courts will not review arbitral jurisdiction…
…because parties already have the autonomy to choose rules governing their disputes, and can select rules that already permit some form of limited appellate arbitral review. Professor Whitesell cautioned that…
…update their rules and compete against each other while emphasizing cost and time efficiency. This has made the arbitration route more attractive to clients and efficient for counsel. Key Concept…
…materiality, and weight of any evidence. This essentially enables an arbitrator to exercise discretion, including in the use of technology, in its assessment of evidence. Where the parties agree to…
…an in-depth analysis of the distinction between two definitions of international arbitration: “party-centric”, based on the nationality of the parties, and “place-centric”, taking into account where the arbitration takes place….
…this issue, it considered the nature, the context in which the tribunal’s activity takes place, its objective and the rules to which it is subject, according to which its decisions…
…dispute, and not about Benedictine labour and rivers of ink alone. Some sets of rules provide that the tribunal secretary may be entrusted with drafting only the non-substantive parts of…
…information (and misinformation) they encounter after the event, including practices commonly employed by arbitration counsel in preparing witness evidence. For instance, evidence such as emails, meeting minutes or photographs may…
