…strict rules applicable to arbitration agreements with consumers. In contrast, when defining public policy, the Supreme Court found in an earlier case 3-2-1-186-15 that the independence of the arbitrator is…
…commercial arbitration: Objection 1: Arbitral rules are no place for substantive, non-contractual rights. Many of the widely-used arbitral rules such as Article 21 of the ICC Rules, SIAC Rule…
…2022 NAI Arbitration Rules. The 2015 NAI Arbitration Rules already established a move from hard-copy communication to electronic communication. Taking this further, the 2022 NAI Arbitration Rules will provide for…
…However, at the forefront of his efforts was the drafting and publication of QICCA’s updated conciliation and arbitration rules in 2012. Given his vast knowledge of commercial arbitration and familiarity…
…and education in relation to arbitration. Let’s discuss ACICA’s newly revised Arbitration Rules and Expedited Arbitration Rules. This is now the fourth iteration of the institution’s rules since ACICA…
…even be enforced as a foreign award under Part-II of the Arbitration Act. Under rule Rule 1.3 of the SIAC Rules, 2016 an ‘Award’ is defined to include an award…
…across protective orders or provisions on confidentiality. Confidentiality advisors have, however, rarely been used although provided for by the WIPO rules. Confidentiality advisors As a confidentiality advisor, Dr Patricia…
…(“Carrizosa brothers”) under the UNCITRAL Arbitration Rules, and by Astrida Benita Carrizosa (“Ms. Carrizosa”) under the ICSID Convention. In both arbitrations Ms. Carrizosa and the Carrizosa brothers alleged that Colombia…
…ICSID process is more advanced and focused, dealing just with the institution’s own rules. In accordance with the ICSID Convention, challenges of an arbitrator for lack of independence, or for…
…that “the overall percentage of female arbitrators appointments reach[ed] a high of 33% in arbitrations pursuant to the LCIA Rules, a growth from 29% in 2019”. In terms of nationalities,…
…and coincides with revisions of other arbitration rules such as the ICC rules for 2021, LCIA rules for 2021 and the Swiss Arbitration Centre rules for 2021. Further changes concern…
…the Claimant might pursue recognition and enforcement of the Arbitral Award in Moldova, only after presenting indisputable evidence confirming the impossibility of its execution on the territory of Ukraine. …
…Kong to become the first and only arbitral seat outside of Mainland China, where parties can apply for interim measures in Mainland Chinese courts to preserve assets, evidence or conduct….
…IAC Rules, which are modern UNCITRAL-based Rules, are the extant arbitration rules in the BVI. The BVI IAC is, however, working to amend the rules and is scheduled to release…
…conducted within the ICSID regime and were subject to other arbitration rules (e.g. the UNCITRAL, SCC or ICC rules) and to the mandatory procedural principles of the seat. Non-ICSID tribunals…
…arbitrations and their effect on cross-disclosure of evidence (witness statements or documentary exhibits) and pleadings in parallel arbitral proceedings over a common substantive issue-in-dispute. Cross-disclosure of pleadings and written submissions…
…the proceedings, evidentiary issues, and multi-party arbitrations. The Practical Insights by topic offer a gateway to users into Kluwer Arbitration’s deep archives of commentaries, decisions, rules, and other important research…
…a choice on the “local arbitration agencies.”1)SPC (2006) Min Yi Zhong Zi Di No.11. In another case where the parties agreed on the application of ICC arbitration rules, the SPC…
…copy/paste of the relevant rules of Chapter XII of Act LX of 2017 on Arbitration setting up the HCCI Arbitration Court. The conditions to be listed in the roll of…
…language was made by an amendment in 2019 to reinforce the principle that setting aside proceedings must be very limited in nature and not involve consideration of evidence and issues…
…Circuit split on this issue. The Second, Fifth and Seventh Circuit have held that Section 1782 does not allow for the taking of discovery in aid of private commercial arbitrations…
…number of investor-state arbitrations would take time to unfold and would depend on the success of early cases. On the flipside, Dr Cheng observed that sympathy for governments taking up…
…predilection for respecting arbitral jurisdiction and upholding awards. Emerging Rules and Principles It may be argued that fulfillment of pre-arbitration procedural requirements is condition precedent to formation of the parties’…
…only deviates from the practice in most arbitration-friendly jurisdictions, but also creates tension with other sources of arbitration guidance in China—including judicial practice and institutional rules—sometimes catching even seasoned practitioners…
