…of witness evidence). The legislation therefore reinforces the status of emergency arbitrators under the LCIA Rules. Article 9B of the LCIA Rules enables parties to apply for the appointment of…
…challenged a FIFA prohibition on third parties taking an economic interest in player transfers as contrary to various EU free movement provisions of accepted direct horizontal effect (in accordance with…
…International Centre for Settlement of Investment Disputes (the “ICSID Convention”) and the New York Convention, alongside Luxembourg’s procedural rules, their complementary roles in enforcement processes are emphasized. It is furthermore…
…rules for interim measures. Handbook author Ioannis Vassardanis notes that these changes aim “at modernizing the relevant framework to adhere to international standards and contemporary practices, and to promote efficiency…
…Article 31.2 of the ICC Rules of Arbitration, Article 35.3 of the DIAC Arbitration Rules, Article 33.4 of the SCCA Arbitration Rules, and Article 22.1 of the QICCA Arbitration Rules)….
…case, but to highlight in a fair and even-handed way evidence and arguments that the applicant can reasonably anticipate the other side will make (Stephen Gee KC, Gee on Commercial…
…providing for Milan-seated arbitration under the Milan Chamber of Arbitration Rules (“CAM Rules”). After X commenced arbitration against Y for breach of the distribution agreement, on 26 September 2023 the…
The Qatar International Center for Conciliation and Arbitration (“QICCA”) has introduced updated rules (“the 2024 Rules”), which were adopted by the Board of Directors on 15 September 2024, effective 1…
…apply Civil Procedural Code rules to domestic arbitration proceedings. However, both doctrine and case law almost unanimously agree that these rules do not apply unless previously agreed upon by the…
…any particular features of the ACICA Arbitration Rules (2021) that make them more attractive to the parties as opposed to the UNCITRAL Arbitration Rules (which may also be used in…
…review of FIFA rules against “any and all rules” of EU law, regardless of whether a CAS award has been rendered, whether initiated as a direct challenge to FIFA’s rules,…
…the arbitration rules agreed upon by the parties, and if the rules are also silent on this issue, the arbitral tribunal will determine it based on the principle of facilitating…
…aside an arbitral award issued under the ICC Rules of Arbitration 2021 (“ICC Rules 2021”) in part, concerning the recovery of legal fees of a successful respondent on the basis…
…statute of limitation applicable to enforcement requests or set-aside proceedings. The only rules that apply to international arbitral awards are statute of limitations that are triggered by the notification of…
…to be the arbitration’s seat; and the DIFC-LCIA Rules, 2008 as its applicable rules. Following this determination, the Tribunal proceeded to the next phase of the arbitral proceedings and considered…
…was “to collect funds and gain undue advantages over other creditors by taking precedence over WMM AG’s Liquidator in a treaty claim against the Respondent” (Award, para. 135). From the…
…impartiality and independence under Section 12(5) read with the Seventh Schedule of the Act (incorporating the Red List in the IBA Guidelines on Conflicts of Interest in International Arbitration 2014)….
…in the BPA, and this was not rebutted by any evidence of non-receipt from the Appellant. The CA warned that litigants could not simply evade notice of service by claiming…
…to determine under which rules of interpretation the international arbitral agreement should be construed. French case law had established a principle of validity of the arbitration agreement which let little…
…bias is not supported by empirical evidence. The latest ICSID Caseload Statistics reveal an almost even split in outcomes, with investors prevailing in 49% of cases. Similarly, the latest data…
…government and that its enforcement is against the Rules on Counteracting Unjustified Extraterritorial Application of Foreign Laws and Measures (“Rules on Counteracting”). The PRC court thoroughly analyzed the facts and…
…Article III of the New York Convention stipulates that each Contracting State “shall recognize arbitral awards as binding and enforce them in accordance with the rules of procedure of the…
…Almost all of these TOS include agreements for individual arbitration, procedures under the rules of an arbitral institution seated in the United States (“U.S.”) (either the American Arbitration Association or…
…the view of the first instance judge that the arbitrator had breached his duty to disclose, a duty that the judge anchored primarily in the 2014 IBA Guidelines on Conflicts…
