…of Article 13(6) now aligns the ICC Rules with other investment arbitration rules such as Rule 1(3) of the ICSID Arbitration Rules. Party representation New Articles 17(1)-(2): “(1) Each…
…have adopted new rules or introduced amendments in recent years. Joinder and consolidation are two key procedural mechanisms that have been incorporated in leading institutional arbitration rules in order to…
…the applicable law to the arbitration agreement is determined by applying the three-stage test required by English common law conflicts of law rules for determining the law governing contractual obligations…
…under the ICC Rules (Note). In another example, the London Court of International Arbitration (LCIA) released its 2020 LCIA Rules, which came into effect on October 1st, 2020, providing a…
…were occurring remotely in 2019; several institutions were in the process of updating their electronic filing rules; and all institutions provide a wide discretion for the parties and the arbitrators…
…dedicated case administration service complete with its own arbitration rules. As a result, we have broadened the choices of parties with regard to administered arbitration using institutional rules developed in…
…Nonetheless, 2020 has seen other significant developments above and beyond covid-19: new institutional arbitration rules of LCIA and ICC; the revival of the Yukos awards; the aftermath of Achmea and…
One of the questions that the legal community in the United Arab Emirates (“UAE”) has been grappling with is whether or not commercial agency disputes are arbitrable. Decisions have been…
…by one! Updated Rules and a New Star on the European Sky In 2020, updating arbitration rules has been on the agenda of several arbitral institutions. For instance, the…
…estoppel and resorting to general principles of law as a source of legal principles, prohibition of taking advantage of one’s own wrongdoing, the right to representation in arbitration by foreign…
…public interest. A similar provision is reflected in the AIAC i-Arbitration Rules 2018. Specifically, Rule 11 contains a detailed provision on references to the SAC, or a Shari’a expert, whenever…
…with its original purpose. Similarly, Prof. Dr. van Haersolte-van Hof explained the data protection provision in the new LCIA Arbitration Rules 2020 to highlight the need for those dealing with…
…This case is peculiar, however, because it deviates from the current trend in regard to both gathering and assessing evidence of corruption. Regarding the gathering of evidence, the tribunal adopted…
…from black-letter law to an evidence-based approach in valuation, a shift that began in Delaware (USA) state courts a few decades ago. He explained that such approach can take many…
…on the Code, with some States expressing a preference for an IBA-type model. On conflict and disclosure (Article 5), in view of the impossibility of an exhaustive definition, she clarified…
…Virtual Hearings with the Launch of the 2021 ICC Rules: Bringing the arbitrator’s perspective, Professor Whitesell focused on the new 2021 ICC arbitration rules, set to come into effect on…
…the arbitration agreement, in addition to its validity. Lords Burrows and Sales departed from the majority on this – they did not agree the same choice of law rules (and…
…on BALCO, held that this only reflects the conflict of law rules applicable in India. When the arbitration is seated outside India, the conflict of law rules of the seat…
…itself cannot be evidence of the arbitrator’s bias. The Lagos Court was not persuaded by the IBA Guidelines and the Court’s ruling only referred to Section 8 of the Nigerian…
…their arbitration agreement, whether through express drafting or (more often) by incorporation of institutional rules, that the parties shall be permitted to seek interim relief from any competent court, it…
…something without being programmed with rules. At its core, machine learning is a new way of creating problem-solving systems. In a machine learning system, over time and with exposure to…
…on this field. So it just amazed me when – through my pure curiosity – I started reading and learning about this international network of legal instruments (treaties, rules, etc.)…
…analyzing possible outcomes in proceedings before the EPO opposition divisions and boards of appeal. The proceedings are always subject to the same procedural and substantive rules and the issue categories…
…legal certainty” and that it puts the question to the Court “in a neutral manner”, without taking a stand on the issue. Are the CJEU’s Achmea findings applicable to…
