London: Europe’s Leading Arbitration Hub?
…international law rules that will apply to UK-EU commercial disputes may lead to a growth in UK arbitration, as London capitalises on its traditional strength as the world’s biggest hub…
Search Results for: iba rules on the taking of evidence
Achmea, Arbitration Institutions and Rules, ECT Modernisation, Energy Charter Treaty, Environment, European Union, International arbitration, Investment Arbitration
The EU’s Bittersweet Proposal to Redefine ‘economic activity’ under the Energy Charter Treaty: Expected Implications for International Arbitration
Following a highly-publicized diplomatic battle among the EU Member States (MS), the EU revealed in mid-February its proposal to amend the ECT’s definition of the “Economic Activity in the Energy…
Dissenting opinions, German law, Germany, Italian law, Italy, Reasoned Awards, Reasoning, secrecy of deliberations
I dissent – can I? A Closer Look at the Higher Regional Court of Frankfurt’s decision of 16 January 2020 from a German-Italian Perspective
…legislations and institutional rules, including the Arbitration Rules of the German Arbitration Institute (DIS Rules), do not specifically address this topic (Ibid). The ICC Rules refer under Article 32 to…
Arbitration institution, Institutional Rules, Interviews with Our Editors, Japan, Japan Commercial Arbitration Association, JCAA
Interviews with Our Editors: In Conversation with Professor Masato Dogauchi, Chief Arbitration and Mediation Officer of the Japan Commercial Arbitration Association
…rules came into force at the JCAA: the Commercial Arbitration Rules; the UNCITRAL Arbitration Rules supplemented by the JCAA Administrative Rules; and the Interactive Arbitration Rules. We understand you were…
Waiving the Right to Arbitrate: The Australian Position
…was commenced; and third, taking steps in the proceedings, including filing a defence and participating in discovery, which showed a willingness to submit to curial determination of the merits. These…
Stileks v. Moldova: A Chance to Go Back to Square One After the Preliminary Ruling of the CJEU?
…standard from Chevron, where the judges held that, for Ecuador to prevail in its somewhat similar jurisdictional argument, it had to prove by a preponderance of the evidence that Chevron’s…
A Black Swan Event? Implications of COVID-19 for Damages and Valuations in International Arbitration
…be addressed separately once more information has emerged. There are also implications for the giving of expert evidence. Uncertainty amidst COVID-19 implies that expert assessments and opinions will evolve over…
To What Extent Will the AfCFTA Impact the Number of ISDS Cases Involving African States?
…the AfCFTA agreement (AfCFTA Article 20 (1) — (3); Protocol on Rules and Procedures on the Settlement of Disputes, Article 3 (1)). This key difference between the nature of the…
A Conversation with Claudia Salomon: Rising Arbitrators and the Developing World of International Arbitration
…actual community of users. Drawing Ms Salomon’s attention to the recently published ICC Rules 2021, Ms Digón asked her whether there is anything in the Rules that would need modification…
An Appealable ‘Decision’ Before CAS: What Exactly Are We Talking About?
…conformity with the WA rules and regulations and that he was wrongly disqualified to become a candidate in the election. The WA, after investigating the matter and studying all the…
What Has Changed in Six Years Since the Latvian Arbitration Law “Reform” and What Needs to Be Changed?
…Witness Evidence The law does not recognise party-appointed expert witnesses or any fact witnesses at all. The legislator has been of the opinion that, once more, the main advantage of…
Tread Your Arbitral Path in Asia: Navigating the Promise and Perils of Your First Appointments
…level. Moreover, panelists strongly advised young arbitrators to regularly seek assistance from the institution, as they will clarify the application of the rules and the best practices in managing cases….
A Roundup of Tech and Dispute Resolution News
…smart contracts, distributed ledger technology, and fintech applications. The draft rules opened for consultation with an online event on 26 February. Notably, the draft rules envisage automatic dispute resolution processes…
Arbitration Act 1996, Arbitration Agreement, Arbitration clause, England, English Arbitration Act, English courts, English Law, Helice Leasing, LCIA Rules
When is a “Court” not a Court? A Few Thoughts After Helice Leasing S.A.S. v PT Garuda Indonesia (Persero) TbK [2021] EWHC 99 (Comm)
…regarding its existence, validity or termination, shall be referred and finally resolved by arbitration under the Rules of the London Court of International Arbitration (the “LCIA Rules”), which rules are…
Equality Won’t Fight For Itself
…are similarly disappointing. It found that although the SCC as an institution was taking steps to increase diversity when appointing arbitrators (at least 30% being female), when the parties were…
The Advance on Costs in Construction Arbitration: Strategy Where There is Refusal to Pay a Deposit
…at Article 41.4. ↑2 Article 37(3) of the ICC Rules, Article 41.2 of the HKIAC Rules and Article 34.2 of the SIAC Rules. The LCIA Rules do not expressly permit…
The Petrobras Crisis: Arbitrating Investors’ Claims Against the Brazilian Federal Government
…the rules of arbitration of the Chamber of Arbitration of the Market – CAM, a Brazilian arbitration institute created by the Brazilian stock exchange in 2001. The arbitration clause excludes…
What is the Value Proposition of an Arbitration Institute?
…services. All too often the answer relates to qualities of our product – in relation to institutes we discuss issues such as whether the rules respond to the latest discussion…
International Arbitration and the Future of Holocaust Restitution in the Aftermath of Republic of Hungary v. Simon and Federal Republic of Germany v. Philipp
…arguably one where original ownership never lawfully passed to the subsequent Communist regimes because the original taking violated international law. Similarly, claims to money were in existence “at the time…
Amendment No. 1 of 2020: The 2015 ADGM Arbitration Regulations in Focus
…non-exhaustive list of self-explanatory measures that may be adopted by the ADGM Courts to lend assistance in the taking of evidence: the examination of witnesses, either orally or in writing;…
Should we start with WHY?
…governed by its Arbitration Rules and Expedited Arbitration Rules. Further, it appoints arbitrators in ad hoc cases when the arbitration agreement so provides, and acts as appointing authority under the…
Back to Basics: Drawing the line between Disclosure, Challenge and Disqualification Standards in International Investment Arbitration
…side. Spain argued that this was a violation of ethical and disclosure rules under the ICSID Rules, the World Bank‘s code of conduct, the new, still draft Code of Conduct…
First Anti-Anti-Suit Injunction in Germany: The Costs for International Arbitration
…injunction in another proceeding. Since both anti-suit injunctions and anti-anti-suit injunctions interfere with principles of international law and coordinative rules, it is questionable whether these remedies are appropriate. Although courts…
The Revision of Arbitral Awards on Independence and Impartiality-Related Grounds: Delimiting the Parties’ “Duty of Curiosity” in the Age of Social Media
…previously unknown facts, evidence or grounds of impartiality forming the basis of a given request. In particular, under Article 190a of the Swiss Private International Law Act (PILA), the revision…