…especially so since December 2017, when Ukrainian arbitration law and applicable procedural rules were largely revised to introduce many long-expected changes in the field of arbitration. Even before these revisions,…
…the gaps of the 2018 EU-Japan EPA, including to address e-commerce, rules of origin, financial services, and to provide for the UK’s immediate reductions of tariffs on electrical control units…
…courts is not uncommon; however, the relevance of claimants reasoning, and the possibility of serious harm must be supported by strong evidence. In the case mentioned above, the First Corporate…
…and legislature continued taking significant measures to reform the domestic and international arbitration landscape in India. While important judgments were delivered by courts across India, institutional arbitration continued making inroads…
…state from taking any of the following actions without referring the matter to the Commission for prior review: concluding or amending any contract with a foreign investor; agreeing to arbitrate;…
…2016 (“MCIA Rules”) which reflect international best practices and are also attuned to the Indian market. We believe they are the only institutional rules that do so. The MCIA Rules…
…now, there has not been a comprehensive regulation of Bifurcation within the ICSID Convention and Rules. Case law has, thus, been fundamental to its development. This article will examine investment…
…rules. The current global health crisis may give rise to claims related to both of these aspects of public policy. 1. Claims concerning the infringement of procedural public policy…
…(for example Article 29.2 of VIAC Rules or Article 26.2 of the ICC Rules), legal scholarship, the New York Convention (Article V(1)(b) regarding minimum requirement for notification of the parties)…
…generation for resolving space disputes. Overview of the PCA Outer Space Rules The PCA Outer Space Rules are based on the 2010 UNCITRAL Arbitration Rules (“UNCITRAL Rules”), which are…
…this fact has prevented them from exercising their rights; C) Evidence has not been produced or a party has not been legally notified of a hearing in which said evidence…
…of the difficult legal questions posed by the case, the varying views of the arbitrators, and the differences in the way that they evaluate the evidence. There may be some…
…revisions to the LCIA Rules of Arbitration (the “LCIA Rules”): The 2021 DIFC-LCIA Rules are no exception and take after the recent revisions introduced to the recently adopted 2020 LCIA…
…Union (“the CJEU”) continued to have effect in the UK, and the same can be said about the rules relating to the CJEU’s jurisdiction over the UK. The position…
…it be set aside or annulled by a court in the seat of the arbitration under the ICSID Additional Facility Rules or the UNCITRAL Arbitration Rules. Furthermore, contrary to what…
Despite traditionally being considered unsuitable for arbitration, recent practice evidence that the concrete lines separating antitrust disputes and arbitration have blurred. Ever since the US Supreme Court approved arbitrability of…
…others, confirmation bias and anchoring bias. Confirmation bias arises when an arbitrator gives more weight to evidence that supports his or her provisional view while downplaying other evidence. Anchoring bias…
…fees calculated on an hourly basis · rules applying to domestic litigation usually more restrictive than rules applying to arbitration · in many jurisdictions courts apply tariffs to costs ·…
…different treatment African States accord to intra-African BITs and those concluded with non-African parties, Gracious Avayiwoe, taking Ghana as a case study, suggests that the expected volume of FDI seems…
…including the taking of evidence, enforcement of arbitral awards, the appropriate standards of impartiality of arbitrators, and cost-control and effective case management of arbitration proceedings. The inception of the Series,…
…and duties of legal entities, the form of documents and evidence, and the obligations and behaviour of legal counsel. National legal systems have their conflict of law rules applicable in…
…the allegations, arguments, and evidence put forward by the parties have all been taken into account and that the parties have confirmed at the end of the hearing that their…
…which will keep stayed”. In other words, the effects of main insolvency proceedings taking place abroad do not prevent the creditor from commencing or continuing arbitrations against the insolvent party…
…collaboration (see also here). In 2020, the LCIA also updated its rules. As discussed in a post following their publication, the rules clearly reflect the impact of the pandemic on…
