…Courts under Article 29(7) of the ICC Rules One of the key features in EA proceedings under the 2017 ICC Rules of Arbitration (“ICC Rules“) is that found in Article…
…which stated that “[a]ny dispute under the Agreement or in connections with it shall be referred to and finally resolved by arbitration under the LCIA Rules […]”. As for the…
Before the Covid-19 pandemic, virtual witness testimonies were prevalent in specific instances, such as when witnesses could not reach the venue because of illness. Article 8.1 of IBA Rules on…
… judicialization of international arbitration, after the release of IBA’s Rules on the Taking of Evidence in International Commercial Arbitration, with numerous and long submissions to the arbitral tribunal; arbitration…
…under the 1998 ICC Rules of Arbitration. The place of arbitration was Frankfurt am Main, Germany. In its final award, the arbitral tribunal had dismissed all claims by way of…
…that institutional rules ought to be amended such that ignorance is visited by costs orders and strike out of claims and defences. Further, the 2010 IBA Rules on the Taking…
…alone, three U.S. Circuit Courts affirmed their diverging positions on this question: On 30 March 2020, in the context of a UK-seated tribunal operating under the CIArb rules regarding an…
…EU rules for the treatment of cross-border EU investments’, as the European Commission suggested with its 2018 Communication. This is why Luxembourg and Portugal, in their recent declarations to the…
…2018 HKIAC Rules, Article 42 of the 2017 SCC Rules, Article 32.4 of the 2016 SIAC Rules , Article 30 of the 2014 ICDR Rules). Article 32.6 of the 2012…
…the IBA Rules on Taking Evidence in International Arbitration and would work nicely in conjunction with a follow-on witness conference. (See the “Schedule” contemplated by Guidelines to serve as an…
On 5 May 2020, 23 Member States of the European Union (“EU”) signed an Agreement for the Termination of all Intra-EU Bilateral Investment Treaties (“Agreement”). Following ratification by the Kingdom…
…and candidate has an obligation to comply with the applicable provisions of this code” and “[t]he disqualification and removal procedures in the applicable rules shall continue to apply.” The panelists…
…plus hour time difference). However, the impact of working from home – particularly under some of the world’s strictest lockdown rules in Melbourne, could not be overlooked, with women having…
…rules restricting the sheer volume of materials put before a tribunal are practically absent; so too are rules guiding the parties towards a coherent dispute. That is, parties may lay…
…(“Award”) in arbitration proceedings filed under the Dubai International Arbitration Center Rules (“DIAC Rules”). In the Award, the Claimant was ordered to pay part of the attorneys’ fees incurred by…
…framework applied to the franchise system and the use of arbitration in franchise contracts. Cristina M. Wagner Mastrobuono explores the legislative and regulatory landscape on the rules of impartiality and…
…2021, replacing the 2017 Rules of Arbitration. The new Rules make noticeable changes to the framework of ICC arbitration, while not altering its character. Most significantly, the 2021 Rules update…
…It has also, in turn, provided for a more uniformed application of the formal rules and equitable principles in sport – known as the lex ludica – across different sports…
…appointed by a special agreement or established under the [UNCITRAL Rules]. The Award is noteworthy inasmuch as it was the first to deal with the interpretation and application of the…
…and in Article 28(1) of the 2013 Vienna Rules (Vienna Rules) for all arbitrations conducted under the auspices of the VIAC).2)For an in-depth treatment of arbitrator challenges under the Vienna…
…of challenges by institutions suggests that bad challenges do exist. Looking at Article 11.6 of the HKIAC Rules for instance, the use of the term “justifiable” means that the challenging…
…to arbitration legislations and institutional rules. Key features of the amendment 1. Default Mode of Appointment of Arbitrators in Multi-Party Situations The International Arbitration (Amendment) Bill first proposes to…
…claims while delaying payment until the issuance of any resulting arbitration award.” In Uber v. Heller, the arbitration clause required arbitration under the ICC rules, with the seat of the…
…rules with a New York seat. The arbitration demand asserted claims for breach of contract along with conversion and tortious interference with contract. The tribunal ultimately ruled in favor of…
