…which the applicable legal framework (institutional rules, national laws, and the New York Convention) is actually an obstacle to digitalization. They find that the evolution towards more technologically oriented proceedings…
…UN and EU sanctions – which aimed at “contributing to the maintenance or restoration of international peace and security” – were mandatory rules integrated into the French conception of international…
…way to addressing the above transparency concerns. The ICC rules, however, would still arguably not be fully compliant with the GPA given that the rules exclude appeals on a point…
…the first award set aside by the Paris Court of Appeal. Indeed, the State of Libya alleged that there was “serious, precise, and concurring evidence” sufficient to demonstrate that the…
…is that they are not “rules” of conduct and, thus, they are not coercive and failure to adhere to them is not sanctionable. How practitioners “embody the law” and can…
…in five years with future standards. Thus, if the door was open to more rules on disclosures, there will always be more rules to come, and strict definitions make sense…
…Judicial Committee of the Supreme People’s Court of China enacted detailed new rules of evidence, paving the way for document production to become more prevalent in PR China litigation, which…
…the Costa Rican company did not provide any evidence to support its claim, and that the remedy of destruction of the goods stemmed from the Agreement. Additionally, the Court also…
…is assessed through the lens of whether or not the investor, in the precise circumstances of each case (and taking into account the nature of any specific promise or commitment…
…or the PCA may decide that proceedings initiated under the expedited rules will revert to the standard rules. Efficiency. The draft rules are built on efficiency. Tribunals are expected to…
…models; continuing the evolution of institutional frameworks; and designing more effective mediation protocols. Finally, the panel explored the innovative aspects of the investment mediation rules under the CEPA (Closer Economic…
…use of section 1782 in aid of foreign commercial arbitrations and thoughts for the Brazilian arbitration scenario. In the General Information, Ana Paula Montans introduces LCIA’s new Arbitration Rules in…
…course, that if a tribunal finds that counsels of one faction did not present their case with diligence and in good faith, in due compliance with the applicable rules of…
…to the creation of a new arbitration platform Arbinsol, as well as a new IBA Arbitration Committee group, which will issue a toolkit for arbitrators and counsel to provide a…
…one of the concerns leading parties to choose the largely confidential arbitration proceedings over litigation (see Art. 44 Swiss Rules). Art. 25(6) Swiss Rules even explicitly provides that arbitration hearings…
…arbitration in Mexico in any way, for example, in terms of frequency or availability? Taking into consideration the Center´s statistics over the last 3 years, the number of cases have…
…Fund and the Kyoto Protocol. Arbitration rules, if necessary, may be amended to encourage parties to appoint arbitrators with relevant expertise and knowledge of environmental law. Such an option –…
…political element will inevitably be associated with any dispute that involves public policy, with no irrefutable evidence that international judges are more independent and impartial than arbitrators. To that end,…
…of a registry in the future, see Annex INST: Rules of Procedure for Dispute Settlement, para. 9a), but the applicable procedural rules are set out in the TCA (Part Six…
…(i) public policy within the applicable law (rules that the parties cannot contract out from); (ii) public policy as defined in private international law; and (iii) national mandatory rules defining…
…Due Process Under the Swiss Rules of International Arbitration Nadia SMAHI analyses due process under the Swiss Rules of International Arbitration and provides an overview of all decisions rendered by…
…issued by an arbitral tribunal constituted under the rules of the Mediation and Arbitration Centre of the Santiago Chamber of Commerce (the “CAM Santiago”) on February 12, 2020. Under Chilean…
…of First Instance and one before an arbitral tribunal constituted under the ICC rules. As such, despite the arbitration agreement contained in the contract, the Republic of Benin hurried to…
…this trend, the 2021 ICC Arbitration Rules expressly focus on TPF, thereby incorporating into the Rules what was earlier addressed in the ICC’s various iterations of its Note to Parties…
