…The mere choice of a right of appeal (especially in arbitration agreements entered into pre-Vavilov), let alone contractual silence, are insufficient to evidence parties’ intention to adopt a correctness standard…
…of the customary standard which no state has appeared to have articulated, in the total absence of any evidence of state practice or opinio juris” (Id.). His overall conclusion is…
…au fond. In this regard, they are also regularly barred from assessing an arbitral tribunal’s evaluation of evidence. BayObLG – 101 SchH 237/23 e, Highest Regional Court of Bavaria,…
…Articles 9.3, 10.3 and 33.1 of the QFC Civil and Commercial Court Procedural Rules. But there is one further important point to note on jurisdiction in B v C: neither…
…27 June 2024, EU and Euratom formally withdrew from the treaty. The 27th EU Member State, Hungary, chose to adopt a separate declaration, taking the position that the non-application of…
…clauses, allowing counterclaims, and incorporating corporate social responsibility. Ms. Kinnear noted that ICSID is also taking the “AI journey,” sharing that ICSID is currently piloting the World Bank’s AI project…
…2020 update to the IBA Rules on the Taking of Evidence that allows arbitral tribunals to exclude such evidence. He reviewed varying seminal decisions in which arbitral tribunals dealt with…
…will determine certain procedural matters in accordance with the Rules.” The TIAC’s functions under the TIAC-HKIAC Cross Institutional Rules of Arbitration include: Registering the requests for arbitration; Communicating with the…
…Essen established its international jurisdiction not under the Brussels Ia Regulation, but under domestic rules (Sections 12, 17 German Code of Civil Procedure (“GCCP”)) applied by analogy. It emphasized that…
…an award is considered patently illegal if it is “based on no evidence at all” or if it “ignores vital evidence” in arriving at its decision. In applying this test,…
…rules of the seat of arbitration, Rules 3 and 9 of the IBA Rules on the Taking of Evidence in International Arbitration approved by the IBA on 29 May 2010….
…Arbitration Rules (“Rules”) and the Policy for the Resolution of Disputes of Name Domain (“Policy”), both granting arbitrators the jurisdiction to hear disputes related to the registration and revocation of…
…the Court provided a detailed analysis based on the IBA Rules on the Taking of Evidence in International Arbitration (“IBA Rules”) and the IBA Guidelines on Conflicts of Interest in…
…or remotely by videoconference or other appropriate means, as decided by the arbitral tribunal after consulting with the parties”). The IBA Rules on the Taking of Evidence in International Arbitration…
…do so directly in its brief, instead of referencing any pleadings or evidence contained in the arbitration file. So-called appellatory criticism (“critiques appellatoires,” “appellatorische Kritik”) of the award, i.e., insufficiently…
…emergency arbitration and interim relief within an arbitration (instead of national courts). The Act also introduced rules on joinder of parties and consolidation of arbitrations and recognized the concept of…
…Congress Series, Vol. 13 (2007), pp. 739-740; Maxi Scherer, “Chapter 19: Interim and Conservatory Measures”, in Maxi Scherer, Lisa Richman et al., Arbitrating under the 2020 LCIA Rules: A User’s…
On 23 April 2024, JAMS announced its Artificial Intelligence Disputes Clause and Rules (“JAMS AI Rules”), effective 15 April 2024. According to JAMS, these Rules “reflect the latest developments and…
…prototyping an arbitration award to articulate the reasoning and legal grounds of the arbitral tribunal more clearly. 3. Arbitration Rules: WOW focused on making the rules guiding specific arbitration processes…
At its 57th Session, taking place in New York between 24 June and 12 July 2024, the United Nations Commission on International Trade Law (“UNCITRAL”) will discuss the adoption “in…
…example, clauses might state ‘disputes shall be settled by arbitration under the rules of the Chamber of Commerce of Paris’, which is a non-existent institution. Use of hybrid clauses: parties…
…seek rather to guide and “accommodate case-specific circumstances”. Where rules and regulations (e.g. laws, treaties, domestic statues, ethical rules, etc.) on the use of AI in international arbitration apply, whether…
…El Paso v. Argentina. Panama also contended that the Claimants failed to provide sufficient evidence of the Vice-President’s alleged motives and that the solicitation meeting in 2012 was unproven. Panama…
…consider, including direct or incidental considerations of legal issues. Mr. Shelbaya noted that various institutional rules tend to permit experts to consider any issue within the scope determined by the…
