…consumer arbitration in 2017; introduction of detailed rules for arbitration of corporate disputes in 2019. This blog post looks at how the law operates and analyzes the statistics of post-award…
…arguments that confirm their initial position and disregard the evidence that opposes it. The question is whether the story told by a party and the evidence on record will have…
…to the UNCITRAL Arbitration Rules, which provide for a different appointment mechanism to the LMAA Terms. The Defendant failed to engage substantively with the Claimant’s Reference to Arbitration and subsequent…
…values and mandatory rules of a given jurisdiction, and international public policy, encompassing those rules that are applied by domestic courts in cross-border cases, the dividing line between these dimensions…
…ideas. The ends of pluralism are not served by tweaking the demographic mix of practitioners yet expecting newcomers simply to submit to the prevailing rules and practices. All legal and…
…and allow parties to agree to any institutional rules or agree on their own procedural rules if interested in a more flexible process. It also guarantees that local courts will…
…the international community, are hierarchically superior to other rules of international law and are universally applicable. By contrast, the term “erga omnes obligation” was crafted by the ICJ in the…
…is stipulated in article 8(3)(c) of the QFC Law as well as under article 9.1.4 of the QFC Court Regulations and Procedural Rules (“Rules”). These provisions provide that the QFC…
…of products sold by the business in question. In the damages evidence context, the purpose of the sensitivity analysis is to understand how (if at all) damages change depending on…
…disputes, one may wonder about arbitration. This post aims at providing insight thereof. Setting the Scene A standard is a document setting out technical specifications, guidelines or rules for…
…elements to the Center’s success, what is the main difference or advantage between these rules and rules issued by other institutions? Is there a particular feature of the rules that…
…a secretary, including legal research, drafting factual portions of the award, and taking notes of the deliberation (para. 185 of the Note). In the view of the court, this means…
…provided for by the applicable sports rules, limitations of the guarantees of Article 6(1) ECHR contained in the applicable arbitration rules can be valid if they are “free[ly], lawful[ly] and…
…and before filing a written statement or taking any other steps in the proceedings apply to the court to stay the proceedings”. (our emphasis) Currently, under Section 13(3) of the…
…can be for lawyers to become aware that – during a hearing – they are immersed in a “staging”: a professional game with specific rules in on which they need…
…forum non conveniens factors include “the domicile of the parties, the locations of witnesses and of pieces of evidence, parallel proceedings, juridical advantage, the interests of both parties, and the…
…the dispute in that forum, they may then proceed to arbitration under the ICC rules. The Employer sued the Contractor before the Court of First Instance, Dubai, for over AED…
…Rules; the UNCITRAL Arbitration Rules; or, any other arbitral institution or arbitration rules that the claimant and respondent agree on (Article 9.19.4). The arbitration must be commenced within three years…
…environmental rules, and the possibility of third-party participation in environmental disputes. Enforcement Mechanisms In the TCA, environmental matters are included in Chapter 7 and are categorized as essential elements. If…
…referring to existing rules on class arbitrations. One example of such framework is the American Arbitration Association (the “AAA”) which administers class arbitrations according to its Supplementary Rules for Class…
…record while evaluating the status of the entity; (5) the appropriate burden of proof was the ‘preponderance of evidence’, as opposed to a ‘clear and convincing’ standard; and (6) the…
…not file fresh evidence as of right. Rather, it had to show that “(1) the evidence could not have been obtained using reasonable diligence; (2) the evidence would probably have…
…the discussions taking place in UNCITRAL and ICSID vis-à-vis such reform options. The EU, for example, has indicated that its “ultimate goal is to make a future multilateral investment court…
…full-fledged arbitration – and thereby also agree on arbitration rules applicable to such proceeding – the cost for the arbitration proceeding will be in line with those rules. It is…
