…obligations stemming from the Latvia-Norway BIT and the 1920 Svalbard Treaty. This latter Treaty could be invoked either through Article 31(3)(c) of the VCLT (“any relevant rules of international law…
…the WTO have reached an arrangement to arbitrate as between themselves trade disputes under Article 25 Understanding on Rules and Procedures Governing the Settlement of Disputes (‘DSU’ are the governing…
…merely the venue for certain proceedings and not the seat of arbitration. In the context of international arbitration, the choice of a supranational body of rules to govern the arbitration…
…play by the old rules. China tried once before over 500 years ago. Walter B. Wriston, former Chair of Citibank and a prolific writer about the impact of the information…
…However, international investment law has departed from the generally accepted rules of international law on the nationality of corporate persons. Already in the 1960s, the drafters of the ICSID Convention…
…of law rules, arbitrators are not bound by the same conflict rules as courts at the seat. Instead, arbitrators should use autonomous conflict of law rules, such as art. 28…
…of legal rules (“a system of principles and rules of contract law which are common to existing national legal systems or best adapted to the special requirements of international commercial…
…Chamber of Commerce applicable to the Ruta del Sol 2 arbitration, there is no reference either. Other international arbitration rules, such as the ICC Rules provide in Article 8 for…
…(b) to encourage African institutions and governments to make express references to virtual hearings in arbitration rules and laws; and (c) to serve as guiding standards, principles, and provisions to…
…as part of the ongoing Rules and Regulations Amendment Process of the ICSID, the Third Working Paper on Proposals for the ICSID Arbitration Rules Amendment did contain a proposal to…
…the NSWSC’s procedural rules, the Uniform Civil Procedure Rules 2005 (NSW) (the “UCPR”), to determine whether to pursue proceedings against the defendants for breach of confidence (among other claims). Spookfish…
In a recent post, we were told to ‘Roll Out the Red Carpet’ for the Hague Rules on Business and Human Rights Arbitration (the “Rules”). Indeed, the Rules are a…
…rules and administration, the implicit intent of the state is to create its own arbitral institution. Hidden in the First Complementary and Final Provision of the Decree is a mandate…
On 3 February 2020, the Republic of Seychelles became the 162nd Contracting State of the New York Convention (already followed by Palau as number 163, reported here). The New York…
…importance of voluntary compliance. It then underlines that the applicable rules related to the removal or challenge of arbitrators, which are separate and different for each institution, continue to apply….
…regulations prior to the establishment of an investment will not amount to a violation of the IIA. This, more importantly, rules out the possibility for the investor to resort to…
…rules,3)See for example, the UNCITRAL Arbitration Rules, the Code of Sports-related Arbitration, the 2016 SIAC Rules, the 2017 ICC Rules and the 2018 HKIAC Rules. a party-appointed expert will not…
…concluded by the EU itself or where the EU assumes powers previously exercised by the member states, and by rules of customary international law. Therefore, international agreements which do not…
…to avoid the need for them to travel to an evidentiary hearing. Appendix IV of the ICC Arbitration Rules (Rules) clearly reminds us that one of the recommended case management…
…ICC Bulletin, 2017 p. 8-10. Leaving aside the peculiarities of these rules, Article 16 of the UNCITRAL Arbitration Rules adopts, as opposed to the PCA Arbitration Rules, a similar position…
…provided in some BITs, such as for selecting applicable arbitration rules or appointing the arbitrators. A State may rely on various government actions to justify delays, such as total lockdowns,…
…private arbitrations under the AAA-ICDR Rules and ICC Rules—are not covered by Section 1782. The February 2020 decision in HRC-Hainan thus tees up another district court split that is in…
…the purpose of ensuring legal and judicial certainty for investors and companies. OHADA’s uniform rules are created through so-called Uniform Acts, which pertain to various domains of commercial law. To…
…condemn in the first place. Next up was Sarah Vasani (Addleshaw Goddard), who shared her ten golden rules to settle cases with states. The first is to “give it a…
