Pakistan’s Draft Arbitration Bill 2024: Change After 84 Years?
…relating to court ordered interim measures (section 10) and court assistance in taking evidence (section 29). The Bill does not affect the 2011 Act which will continue to apply to…
Search Results for: iba rules on the taking of evidence
Expansion and Regulation on the Horizon for Third-Party Funding in Ireland and the EU
…approach of funder codes of conduct or the rules of funder organizations. Legalisation of Third-Party Funding of International Arbitration in Ireland Ireland, the only common law jurisdiction in the…
We Need to Talk About … the EU AI Act!
…a broader level, the European Union Artificial Intelligence Act (the “Act”), a landmark legislation that lays down harmonised rules on artificial intelligence, was adopted by the European Parliament on 13…
Achmea, BIT, CJEU, Domestic Courts, ECT Withdrawal, Energy Charter Treaty, Europe, foreign direct investment, Foreign Investment, International arbitration, Intra-EU Investment Arbitration, Investment Arbitration
9th EFILA Annual Conference: New Frontiers in International Investment Arbitration
…research revealed that, in the last two decades, 22 challenges to investment awards seated in Sweden were identified, predominantly under the Stockholm Chamber of Commerce Arbitration Rules. Agius noted longer…
Do National Courts Really Give Effect to 90% of All International Arbitral Awards?
…in opinions published in either the Federal Supplement or Federal Rules Decisions (the official reporters of federal district court decisions in the United States); only 407 petitions (or 42.4%) resulted…
Colombia, Environmental protection, Investment protection, Latin America, Minimum Standard of Treatment
Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right
…Treatment (“MST”). The tribunal pondered the policy objectives pursued by Colombia with the scope of economic interests of the investor, taking into account the legal status of its investment under…
Climate change, Environment, ESG, Investment Disputes, Investment protection, Investor-State arbitration, Investor-state tribunals, Sustainability, Sustainable economy
The Implications of Koch v. Canada for Emissions Trading Schemes
…arbitrations, necessitating extensive expert evidence on local laws even at a jurisdictional stage. Implications for Emissions Trading Businesses The Tribunal’s application of NAFTA Article 1139(h) may affect the threshold for…
The Swiss Supreme Court Upholds an Intra-EU Award Under the ECT
…characteristics” of EU law rather than on the basis of international law and the rules of treaty interpretation. According to the SSC, the CJEU – as the highest court of…
Northern District of California Compels Arbitration Between Contractor and Non-Signatory Insurer of Subcontractor
…applies to [Swinerton’s] claims in this litigation” since it incorporated by reference the rules of the Construction Industry Arbitration Rules of the American Arbitration Association. Swinerton Builders, 2024 WL 1057473,…
DIAC, Enforceability, Enforcement, Enforcement of arbitration agreement, MENA, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, United Arab Emirates
The Enforceability of DIFC-LCIA Arbitration Clauses in Light of Decree No. 34/2021: A View from Outside the UAE
…Arbitration Centre (“DIAC”) Arbitration Rules 2022 (“2022 DIAC Rules”) after the entry into force of the Decree. This post continues the discussion started on the subject by a previous post….
From Evasion to Enforcement: How the English Commercial Court Recaptured NIOC’s Undervalued Property Transfer to Enforce an Arbitral Award
…the Fund. Although the Fund did not have legal personality at the time, and so could not have entered into a loan contract, the court highlighted contemporaneous evidence showing that…
Meaningful Consensus or Delaying Disagreements? UNCITRAL Working Group III and the Advisory Centre on International Investment Dispute Resolution
…rules, depending on whether they become pressing, or even relevant, issues. Ultimately, a prevalent sentiment among many delegations of WGIII is that the AC should, first and foremost, be able…
Seeking a Treasure: Behavioral Economics in the Sea Search-Armada v. Colombia Arbitration
…of the IBA Rules on the Taking of Evidence and the UNCITRAL Arbitration Rules. Background of the Case The investor, Sea-Search Armada (“SSA”), claims roughly USD 10 billion, equivalent…
Belgium, BIT, Court of Appeal, Enforcement, Final Award, Poland, Public Policy, Set aside an arbitral award
Why the Belgium Supreme Court Reversed First Set Aside Decision of an Investment Treaty Award
…may re-examine the merits of the dispute (“le litige”) in light of the public policy rules that the arbitral tribunal applied. The set-aside judge is (only) allowed to verify whether…
LIDW 2024: The Rise of African Arbitration – Is Africa Leading the Way?
…Arbitration (CRCICA), the Lagos Court of Arbitration, and the Nairobi Centre for International Arbitration. CRCICA has updated its arbitration rules this year to provide for remote hearings, online filing, consolidation…
Climate Change or Change of Climate?
…for arbitrators is the characterization of ESG-related substantive rules as international public policy. Considering ESG rules as overriding mandatory rules (lois de police) or as fundamental ‘values’ could result in…
Mind the Gap: A Dutch Example of Interpreting an Ambiguous Arbitration Agreement
…[emphasis added], in accordance with its administrative rules including, as applicable, the Commercial Arbitration Rules of the AAA, (…) in accordance with its administrative rules (…). The arbitration hearings shall…
What Limits Does German Law Impose on Externally Determined Arbitration Agreements in Sports and Commercial Arbitration?
…corresponding provisions in the arbitration rules, for example in Article 26 of the ICC Arbitration Rules and Article 29 of the DIS Arbitration Rules. It would be even more consistent…
California International Arbitration Week 2024: Navigating Technology Disputes in the Modern Era
…common law since arbitral awards do not set precedents. Adapting Rules of Evidence for Tech Disputes in Arbitration Arbitration generally adopts a more lenient approach to certain evidence rules,…
California International Arbitration Week 2024: AI in ADR: Building Consensus Around The Path Forward
…Guideline 5 stresses the need to uphold the integrity of arbitration proceedings and evidence in the face of potential misuse of AI. It prohibits parties from using AI to fabricate…
Arbitouille: Arbitration Counsel as a Restaurant Chef
…a claim is depends on how good the evidence with respect to that claim is”. Here, good wine-pairing will be key. If possible, counsel should always pair arguments with the…
ICCA Hong Kong 2024: Advocacy, Procedures, and Ethics in Focus
…of arbitration, and the intricacies of security for costs including fairness in cost allocation. The panel also explored ideas for the reduction of costs. Discussions highlighted that most rules provide…
Are Arbitral Institutions Using Artificial Intelligence? The State of Play in Adopting AI
…and separately, a form of personalized assistance to users in accessing its arbitration rules. The third institution in this group employs ChatGPT and DeepL Write to enhance its internal processes:…
Appointment of arbitrators, Conflicts of interest, Disclosure, IBA, IBA Guidelines on Conflicts of Interest
The Revised IBA Guidelines on Conflicts of Interest: A Call to Action for Parties and Counsel?
…Guidelines” or the “Revised Guidelines”). First published in 2004 (the “2004 IBA Guidelines”) and then revised in 2014 (the “2014 IBA Guidelines”) (collectively, the “IBA Guidelines”), the IBA Guidelines have…