New Year’s Quiz Answers, Winner…
…c. Iura novit curiae. 4 – Prague Rules. An arbitrator who insists on the tribunal’s right to inject its own legal arguments, even if not raised by the parties, is…
Search Results for: prague rules
The Dawn of a New Era for Arbitration in Pakistan? Highlights from the Inaugural Conference of CIICA’s Young Arbitration Group
…engaged in CPEC projects would be well-advised to select a seat in the same country as that of the headquarters of the arbitral institution, pursuant to the rules of which…
Change of Clean Energy Rules in Mexico: Potential Impact for Investors
…as a result of the change of the rules governing CELs in Mexico: Saturation of CELs in the market; Decrease of the price of clean energy (i.e. CELs); Devaluation of…
Investment Arbitrations Ready to Land at Florence Airport?
…adequate for the purposes of Environmental Impact Assessment rules.” Moreover, the company has emphasized that it was not TA that came to the conclusion that the details of the project…
2019 In Review: A View From the United Arab Emirates
…release of new DIAC Rules, a revision process that many feel is overdue as the current DIAC Rules have been in place since 2007. It will be interesting to see…
2019 in Review: Investment Arbitration in Europe
…in its procedural rules overhaul, the International Centre for Settlement of Investment Disputes (“ICSID”) Secretariat released the third Working Paper on Proposals for the ICSID Arbitration Rules Amendments in late…
Oded Besserglik v Mozambique: The BIT Was Not In Force, Who’s To Blame?
…Arbitration (Additional Facility) Rules (“Arbitration Rules”)? Did Mozambique waive its right to raise such a jurisdictional objection, in accordance with the Articles 33 and 34 Arbitration Rules? Despite such delay,…
The Coming of Age of Institutional Arbitration Rules in Iran: An Analytic Overview of the ACIC Rules
…formation of the ACIC (the “ACIC Rules”), the ACIC launched its own arbitration rules designed for cost and regulations on organization. The ACIC Rules now consist of Rules of Arbitration,…
Arbitration, Arbitration institution, Arbitration Institutions and Rules, Dispute Settlement, Energy, Energy Charter Treaty, International Arbitration Procedures, International Mediation, Interview, Interviews with Our Editors, Investment Arbitration, ISDS Reform, Multilateral Investment Court
Interviews with Our Editors: The Energy Charter Treaty: Discussing Modernisation and Challenges with Dr. Alejandro Carballo, General Counsel, Energy Charter Treaty Secretariat
Alejandro, thank you for joining us on the Kluwer Arbitration Blog! We are delighted to have the opportunity to interview you at a time when the Energy Charter Treaty (ECT)…
2019 In Review, Arbitration, Australia, New Zealand, Reform, Regional Comprehensive Economic Partnership
2019 in Review: Australia, New Zealand and the Pacific
…Treaty-based Investor-State Arbitration (which it signed in July 2017). This Convention is linked to the Transparency Rules developed by UNCITRAL’s Working Group II, with both being designed to enhance the…
The New Year Arbitration Quiz: 2020
…UK Prague Rules 3. Swearing! Match the oath with the place or rules. a. Witnesses must swear an oath to tell the truth b. Arbitrators must swear an…
2019 in Review: Legislative and Case Law Developments in Europe
…have made significant changes to the procedural rules before the Polish courts, with these alterations providing a very good illustration of why sometimes the road to hell is paved with…
Arbitration institution, Investment Arbitration, Investor-State arbitration, Third party funding, Treaty
Investment Dispute Settlement Body of the Organisation of Islamic Cooperation: A Dead End for Claims under the OIC Investment Agreement?
…the rules of the Dispute Settlement Organ and not by the draft protocol. The Path Towards a Comprehensive OIC Dispute Resolution Mechanism In the upcoming months, the 57 OIC…
Workshop on the Investor State Dispute Settlement Reform
…of conduct should ensure certain rules of behavior. On the other hand, the basic guarantees for judges must be met, as for example immunity and rules to exclude any kind…
The Problem with Emergency Arbitration: Al Raha Group v. PKL Services
…Rules (“ICDR Rules”). Instead, the District Court held that because the Emergency Award was not a final award, the District Court lacked subject matter jurisdiction and dismissed the case. Al…
Roll Out the Red Carpet: The Hague Rules on Business and Human Rights Arbitration are Finally Here!
…in their supply chains and development projects.” “What” … about the rules The Rules are based on the UNCITRAL Arbitration Rules. The Rules are also accompanied by elaborate commentary….
From the Editors of Kluwer Arbitration Blog: 2019
…Team of The Hague Rules on Business and Human Rights officially launched The Hague Rules at the PCA in The Hague. This is also the time to acknowledge and thank…
How to Fund Construction Disputes – Relying on Third-Party Funding?
…if third party funding costs are recoverable from the counterparty. This will depend on the definition of recoverable costs in the applicable national legislation/procedural rules. For instance, both the Civil…
The Choice of a Mauritian Arbitral Institution
…the right institution and its procedural rules an increasingly sophisticated exercise. The governing structure, costs and arbitration rules of each institution are factors that affect its suitability to administrate a…
A New Framework for Arbitration of Corporate Disputes in Poland
…corporate disputes. Courts were also divided on the subject. To add more confusion, the Polish Commercial Companies Code (‘CCC’) puts in place a number of special rules applicable to corporate…
Sports Arbitration in Egypt: The Utterly Baffling Experience
…actions with respect to any arbitral award issued under the auspices of such institution regardless of the location of the seat of such an arbitration. The Baffling Rules on…
The South African High Court Erring in the Application of Law: Does a Foreign Arbitral Award ‘Cease to Exist’ When Made a Court Order?
…and to enforce such award in accordance with the rules of procedure applicable in such contracting state. The Steyn arbitral award appears to qualify as a foreign arbitral award, as…
Latest Changes in Polish Civil Procedure: An Opportunity for Arbitration?
…change consists of giving precedence to the arbitral rules in force at the date of commencement of arbitration proceedings (rather than the rules in force at the time of conclusion…
2019 In Review, Amparo, Arbitration Act, arbitrators’ conduct, Brazil, Bribery, Colombia, Commercial Arbitration, Constitutional Court, Costa Rica, Ecuador, Guaidó, Kluwer Arbitration Blog, Latin America, Mexico, OAS Guide, Odebrecht investigation, Paraguay, Peru, Venezuela
2019 in Review: Latin America and Commercial Arbitration
…new rules of arbitration, which will be in force starting in February 2020. Argentina: will positive decisions keep coming with the Fernández administration? While some uncertainty has arisen out of…