…be able to explain their case in simple terms to the tribunal; that evidence, particularly media articles, must be carefully weighed to ensure their credibility and reliability, and; that inconsistent…
…variety of commercial and other disputes involving IOs, whether under the PCA rules or the UNCITRAL rules. Mr Doe shared his views on the following distinguishing features of IOs as…
…Additional Facility Rules. The Claimant argued that by issuing Judgment C-555, Colombia expropriated Claimant’s Right to Non-Reversion of the Assets and consequently the Assets. The Claimant requested a sum of…
…Doyle noted, the extent to which a domestic court may intervene in an arbitration is provided for by the relevant institutional rules. For arbitrations brought under the UNCITRAL Model Law,…
…and New Zealand. Many arbitral institutions have also sought to include explicit provisions around privacy and confidentiality in their rules (e.g. Article 26 ACICA Rules; Article 30 LCIA Rules). In…
…appeal); ii) the right to be heard (e.g., to present evidence); and iii) undue court delay. The Tribunal found unanimously that Mexico denied “procedural justice” (and FET) to LMC, in…
…but the key difference is the powers available to arbitral tribunals and courts to deal with the impact of fraud. Mr Rivkin illustrated the importance of taking preemptive steps in…
…preservation sought: 51 for property preservation; 2 for evidence preservation; and 1 for conduct preservation; Administering arbitration institutions: HKIAC; Types of disputes: corporate, commercial, financial, maritime, sales and purchases of…
…states are taking action. Certain states have actively pledged to reduce their coal consumption, but this reduction will require modifications to legal frameworks such as negotiating phasing out of contracts…
…role in terms of taking control of the documents as well as the screen. He said he finds that there are certain advantages for the second or third chair in…
…to administer foreign-related arbitrations. Some of the proposed provisions are also in line with the relevant provisions of the 2018 HKIAC Administered Arbitration Rules (“2018 Rules”). For example, both Article…
…UNCITRAL Arbitration Rules, which are often referenced in arbitration clauses providing for ad hoc arbitrations. Compared to these rules and national arbitration laws, the existing Arbitration Law features more on…
…between the two sets of rules is the first challenge that parties will need to tackle; the DIFC-LCIA Rules were updated in 2021 whereas the DIAC Rules currently in force2)Pending…
…me the Money Trail’ The second debate focused on whether the issues associated with third party funding in international arbitration have been adequately dealt with through our current rules framework,…
…as well. Lawyers with a litigation-focused background are encouraged to leave behind the Rules of Court that they are comfortable with and consider arbitration’s more flexible, and potentially less adversarial,…
…against the simplicity and efficiency afforded by technology. The audience was pointed to developments in the International Bar Association (IBA) Rules on the Taking of Evidence in International Arbitration, where…
…in principle required even for payments made by a non-designated third party on behalf of a Designated Person. EU sanctions programmes typically prohibit EU operators from taking part, knowingly and…
…Martin loved being surrounded by young minds. They inspired him, and he never felt threatened by them. Always empathetic and taking personal interest in the lives of people around him,…
…of the evidence and tricky points of law as invaluable: they can lead to great flow and excellent legal thought. I’ve also learnt to see loneliness as solitude – as…
…interim measures. In addition, both the parties and the arbitral tribunal may now seek the Macau courts’ assistance in obtaining evidence. All these characteristics have established an arbitration regime in…
…to consider (as with any arbitration clause) whether the arbitration should be administrated by an institution or conducted ad hoc, which arbitrations rules are to apply, what the seat of…
…Federal Supreme Court’s decision was an international investment arbitration proceeding under the ICC Rules. The dispute concerned the investment of several Turkish investors in cement plants in Syria. In the…
…rules of Art. V(1)(a) of the New York Convention, which concern the enforcement of awards, have to be applied by analogy in proceedings concerning the enforcement of arbitration agreements. In…
…during the Roman Empire, and evidence of the infrastructure and mining techniques used during these times is preserved to this day. The Roşia Montană site is now renowned as the…
