…procedural rules did not provide for a specific procedure to be followed in cases where the independence or impartiality of a member of the AC is challenged by the parties….
…basis of the Canada-Venezuela BIT, under the Additional Facility Rules of ICSID. In an award rendered on 22 August 2016, the Arbitral Tribunal held inter alia that (i) certain actions…
…of the award, protects the sanctions regime by means of singular rules of temporary nature. Therefore, the court refused to use public policy defence as a shelter for sanctions at…
…the rules and specifications of the technology used by the platform will be transmitted to the parties upon their request. In the same vein, the platform provider must ensure the…
…so that the technical community is aware of these alternatives to traditional dispute resolution methods. In 2015, we issued the Rules on the use of Dispute Boards, and we usually…
…the potential future right to have evidence disclosed (depending on the tribunal’s authority under the applicable arbitration rules to order such disclosure), and the potential future right to recover a…
…party was Chinese. In my view, these are the most important factors for CIETAC’s growth: the CIETAC Arbitration Rules include modern innovations such as emergency arbitrator procedures, single arbitration under…
…Background Facts Allianz concerned an application to set aside a majority arbitration award under Section 37(2)(b)(ii) of the Malaysian Arbitration Act 2005 (“MAA“) for “a breach of the rules of…
…Rules 9 and 17 of the 2016 Rules SIAC’s Registrar,8) Rule 34.7 of the 2016 Rules as well as tribunals9) Rules 18, 19.4 and 29.3. constituted under the Rules. Rule…
…expressly delegated to individual state governments. Under Section 303 of the Palau National Code, the “rules of the common law, as expressed in the restatements of the law approved by…
…only between the states party to the treaty, reminiscent of traditional rules of diplomatic protection. This is even reflected in the Preamble, in which India and Brazil note their intention…
…ICC Rules with seat in the ADGM (the “Arbitration Agreement”). This Arbitration Agreement was the result of the exercise by A3 of a unilateral option to amend the underlying terms…
…law. According to the DIFCCFI, pursuant to the conflict of laws rules applicable in the DIFC (which draw in general on the English conflict of laws rules), “[a] foreign judgment…
…similarly amended their rules so that videoconferencing can be accommodated. For example, Article 24(2) of the Korean Commercial Arbitration Board (“KCAB”) International Arbitration Rules 2016 expressly permits hearings and meetings…
…simply not there. The procedural rules usually applicable to investment arbitrations – such the ICSID Convention and ICSID Arbitration Rules, the UNCITRAL Arbitration Rules 1976, 2010, and 2013 – similarly…
…Art. 9.2(f) IBA Rules. ↑10 Based on Art. 9.2(g) IBA Rules. ↑11 Notably, the Rules on the Efficient Conduct of Proceedings in International Arbitration (“Prague Rules”) encourage tribunals and parties…
…Key Sticking Points Under Rule 1 of the ICSID Arbitration Rules, the next step is to proceed with the constitution of the Arbitral Tribunal. However, it is likely that the…
…the award, within three months from the date of the establishment of facts constituting a ground for revising the award, unless another timeline is established by the rules or agreement…
…freely select their desired representatives is embedded in the foundational principle of party autonomy. In Nigeria, a literal interpretation of the national arbitration rules prevents parties from selecting persons not…
…Nevertheless, the investment contract framework differs in many respects from the investment treaty one. One of the most prominent differences is related to the applicable rules of interpretation. This casts…
Ahead of the thirty-ninth session of UNCITRAL Working Group III (Investor-State Dispute Settlement Reform), the General Assembly Secretariat issued a note on issues to be considered on the topic of…
…the drafting of the 1958 New York Convention: Nothing has proven to be as divergent as the rules of procedure. Imposing uniform rules would deter many States from signing the…
Arbitrators under the Crossfire While investor-state dispute settlement (ISDS) was created with the purported goal of depoliticizing investment disputes, it is currently at the centre of heated political debates. Investment…
…Article V of the New York Convention; and the role of domestic courts in relation to awards contrary to mandatory rules of law and essential public policies (Report, §80). In…
