…reasoning and reappreciate the evidence would be contrary to the Proviso to Section 34(2A) of the Act, which states that “an award shall not be set aside merely on the…
…Article 10(1) of the UNCITRAL Arbitration Rules, Article 10.1 of the LCIA Arbitration Rules, and Section 1036 of the German Code of Civil Procedure) A provision in the Arbitration Rules…
…a simple change increasingly endorsed by leading arbitral institutions – e.g. Article 4 of the LCIA 2020 Arbitration Rules providing for electronic communications as a default, or Article 26.1 of…
…the nationality restriction is more restrictive as it is applicable to all panelists and not just the chair). and some arbitral institution’s rules,6)London Court of International Arbitration Rules (2020), Article…
Knowledge of international arbitration has often been based on anecdotal evidence. However, there has been increasing interest in empirical research among practitioners and scholars. In the context of the recent…
…1998 Rules, but only in limited circumstances, which were expanded by the 2012 Rules. The 2021 Rules now explicitly allow for consolidation where all of the claims made in the…
…observed it is possible in the ‘virtual world’ to attend events without travel, a silver lining of the pandemic. They encouraged taking advantage of virtual programming and networking as much…
…appears that in most cases parties would benefit by taking two bites at the apple: attempting during the proceeding and if denied, taking a second chance during enforcement. Conclusions…
…mandatory step. Mr. Tuchmann added that the AAA-ICDR’s practice is to offer mediation in every case it administers, which is incorporated in its rules. Mr. Karl stated that they were…
…resource providing data-driven and aggregated first-hand insights about arbitrators, even when the arbitrations in which they sat remain secret. AI is taking some of the most innovative methodologies and insights…
…that “professional secrecy rules or other rules of practice or professional conduct” prevent disclosure (see Explanation to General Standard 3(c)). The Court’s conclusion as to inferred consent appears pragmatic and…
…freedom of expression, freedom of manifesting religion, freedom of assembly, and non-existent in cases of state-agent imposed torture or the taking of life. The rise of surveillance activities within Member…
…find themselves entangled in disputes. To facilitate the efficient settlement of such disputes, the Permanent Court of Arbitration has introduced the Optional Rules for Arbitration of Disputes Relating to Outer…
…Prague Rules, Yu Jin Tay of Mayer Brown addressed the confluence of opinions voiced in the arbitration community in terms of what the future holds for international arbitration. Ingloong Yang…
…tribunals, etc. A steady increase in environment-related disputes witnessed formulation of specialised arbitral rules to deal with such disputes (See PCA Optional Rules for Arbitration of Disputes Relating to the…
…the HIAC Rules “[i]f the mediation fails to lead to a settlement, neither party shall be permitted to adduce evidence of or to refer to or use any statements, opinions,…
…judgment recognizing the award, and then seeking recognition of that foreign judgment in the U.S. The personal jurisdiction rules for recognition of foreign judgments are somewhat more flexible when there…
…Dr. Ursula Kriebaum (Professor of Public International Law, University of Vienna) noted, the Hague Rules on Business and Human Rights Arbitration were designed precisely to enable arbitration to provide an…
…scrutiny has been afforded to these issues. Discussions on this topic have been further enhanced following the release of the IBA Cybersecurity Guidelines (the “IBA Guidelines”), the ICC-NYC Bar-CPR Protocol…
…OOGC’s argument that the facts presented to the court satisfied the Fifth Circuit’s Positive Software “evident partiality” test, nor did the facts evidence that the arbitrator had exceeded his authority,…
…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…
…Taking of Evidence in International Arbitration permits virtual testimony only at the discretion of the tribunal. The Commentary on the Rules establishes that the tribunal’s decision to allow video-conference should…
… 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…
