…firm had certain links with the group of the claimant. The Court, invoking the IBA Guidelines on Conflicts of Interest as guidance, stressed the restrictive reading to be given to…
…under the 1998 ICC Rules of Arbitration. The place of arbitration was Frankfurt am Main, Germany. In its final award, the arbitral tribunal had dismissed all claims by way of…
…of the lower court that the arbitration agreement was an unfair term, reiterating that that finding was in the full discretion of the lower court “taking into account the nature…
…that institutional rules ought to be amended such that ignorance is visited by costs orders and strike out of claims and defences. Further, the 2010 IBA Rules on the Taking…
…taking reasonable steps, and that the party claiming relief has satisfied any notification requirements in the contract. These provisions often impose express, ongoing obligations on parties to take reasonable steps…
…alone, three U.S. Circuit Courts affirmed their diverging positions on this question: On 30 March 2020, in the context of a UK-seated tribunal operating under the CIArb rules regarding an…
…because a Latin American jurisdiction is either the seat of arbitration, the place where the insolvent debtor is located, where the insolvency proceedings are taking place, the location of the…
…neutral procedural language; the support of domestic courts in enforcing preliminary measures and taking evidence; and the straight-forward enforcement of decisions. Proposals that have been made in this regard range…
…2018 HKIAC Rules, Article 42 of the 2017 SCC Rules, Article 32.4 of the 2016 SIAC Rules , Article 30 of the 2014 ICDR Rules). Article 32.6 of the 2012…
…the IBA Rules on Taking Evidence in International Arbitration and would work nicely in conjunction with a follow-on witness conference. (See the “Schedule” contemplated by Guidelines to serve as an…
…the premature termination of a sunset clause challenges the good faith obligations of the Agreement’s Members (see another Kluwer blog post) by taking away any accrued rights held by investors…
…response is to focus on fulsome disclosure rather than, for example, designating a cap on repeat appointments akin to that in Article 3.1.3 of the IBA Guidelines on Conflicts of…
…and record which reflects only part of a population’s evidence or experiences. The importance of diversity for long term change in the field was patent in anecdotal reports that it…
…rules restricting the sheer volume of materials put before a tribunal are practically absent; so too are rules guiding the parties towards a coherent dispute. That is, parties may lay…
…(“Award”) in arbitration proceedings filed under the Dubai International Arbitration Center Rules (“DIAC Rules”). In the Award, the Claimant was ordered to pay part of the attorneys’ fees incurred by…
…framework applied to the franchise system and the use of arbitration in franchise contracts. Cristina M. Wagner Mastrobuono explores the legislative and regulatory landscape on the rules of impartiality and…
…2021, replacing the 2017 Rules of Arbitration. The new Rules make noticeable changes to the framework of ICC arbitration, while not altering its character. Most significantly, the 2021 Rules update…
…It has also, in turn, provided for a more uniformed application of the formal rules and equitable principles in sport – known as the lex ludica – across different sports…
…has also witnessed its own evolution over the past century, with arbitration and mediation taking centerfield as the preferred dispute resolution mechanisms. The understanding of these mechanisms, however, has remained…
…appointed by a special agreement or established under the [UNCITRAL Rules]. The Award is noteworthy inasmuch as it was the first to deal with the interpretation and application of the…
…terms “fair and reasonable treatment.” The tribunal concluded that a difference between “reasonable” or “equitable” was insignificant, and no evidence supported a different protection than granted by the fair and…
…issues relating to the parties’ contract absent evidence indicating the parties intended to exclude those issues from arbitration). The Third Circuit considered Prima Paint relevant, stating the severability doctrine prevents…
…the significance of this decision, it is worthwhile taking a look at the historical development of the arbitrability of antitrust matters at international level. In the landmark case Mitsubishi Motors…
…and in Article 28(1) of the 2013 Vienna Rules (Vienna Rules) for all arbitrations conducted under the auspices of the VIAC).2)For an in-depth treatment of arbitrator challenges under the Vienna…
