…of the LCPL), it has been tailored to comply with the general rules and principles, as well as the overall structure of the LCPL. Furthermore, numerous sections of the current…
…Thus, parties to non-ICSID arbitration proceedings (e.g., under UNCITRAL Rules) should be wary that fixing the seat of arbitration in an EU Member State clears the way for the respondent…
…disputes comprising 60% of its caseload. The institution has implemented new rules to expedite proceedings and ensure diversity in arbitrator appointments, with women making up 31% of appointed arbitrators in…
…event was also joined by Olivia Windham Stewart (Independent Business and Human Rights Specialist), who discussed the relevance of the increase in laws and soft rules concerning human rights liability…
…her presentation by highlighting several advantages of arbitrating under P.R.I.M.E. rules, such as its suitability for a wide range of finance disputes, its unique experience, its enhanced role for the…
…risky position. Where an investor elects to arbitrate under the UNCITRAL Rules instead, Veit considered the choice of the seat to be critical. In his view, where the arbitration is…
…stance on TPF, debated the merits of codifying current practices, and shared their views on how formal rules permitting TPF could impact a jurisdiction’s popularity as a forum. Current…
…considering the possibility to review them following recent decisions. Dr Baltag also recalled that these are “guidelines”, as opposed to “rules”, as are, e.g., the IBA Rules on the Taking…
…activities, which already contain arbitration clauses, domestic governing law, and access to well-trodden arbitral institutions—e.g., the ICC or the LCIA. These institutions update their rules frequently and include expert procedures,…
…foreign investment. They noted the increasing acceptance of SCCA rules by investors and the judiciary’s supportive stance towards arbitration awards, positioning arbitration as a reliable dispute resolution mechanism. Additionally, the…
…final session addressed, under the Chatham House Rules the question whether the current dispute resolution methods achieve to solve client’s problems. The discussion, moderated by Campbell Jackson, EY, and including…
…they increase the independence and cost-efficiency of the arbitration process. Respecting Party Autonomy The Existing Act limits party autonomy, particularly in the selection of arbitrators and procedural rules (Sec….
…are ahead of other leading arbitration institutions whose rules are silent on this point (e.g., the ICC 2021 Arbitration Rules and the SIAC Rules 2016). However, it would have been…
…the absence of a choice of law by the parties, the LCIA Rules do not require the arbitrators to apply conflict of laws rules. Instead, the arbitrators may resort to…
…apply to Encavis arbitration because its context was different. Indeed, Green Power was governed by the Stockholm Chamber of Commerce Arbitration Rules and Swedish (and EU) law applied as the…
…Mediators, and Committee on Services and Investment Decision No 2/2021 of 29 January 2021 Adopting Rules for Mediation for Use by Disputing Parties in Investment Disputes. Two further key developments…
…Law. This is done with a view to create bright-line rules and minimise debates about when a particular arbitration will be considered an international one. Where one of the parties…
…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…
…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…
…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…
…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…
…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…
…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,…
…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….
