…on the immigration and working of aliens (“Certificate”). To be clear, the Amendment is not limited to arbitrations conducted under the THAC or TAI rules. The THAC and the TAI…
…AfCFTA’s Protocol on Rules and Procedures on the Settlement of Disputes. However, it is still unclear what will be the substantive protections and procedural remedies available to investors, as one…
…so under the same national flag but with diverging arbitration rules, organizational frameworks and appointment of arbitrators systems. The distortions resulting from that setting are generally thought to have driven…
…DIFC hosts the DIFC-LCIA, the sister organization of the London Court of International Arbitration (“LCIA”). The DIFC-LCIA Rules are identical to the LCIA Rules bar the default seat being the…
…first is the double deontology problem, which arises where a lawyer is regulated by the legal professional or ethical rules of more than one jurisdiction and these rules conflict. Counsel…
…Rules of Arbitration, at Art. 38; London Chamber of Commerce Arbitration Rules, at Art. 2 of Appendix III; American Arbitration Association Commercial Arbitration Rules and Mediation Procedures, Administrative Fee Schedules….
…on provisional measures. The majority of public decisions in investor-state disputes were rendered under the ICSID Arbitration Rules, UNCITRAL Arbitration Rules and ICSID Additional Facility rules. Although arbitration rules have…
…uniform interpretation of an instrument of international law. Articles 31-33 are what I refer to as the ‘Vienna Rules on Treaty Interpretation’. They have been created by the drafters as…
…fundamental guidance, as the VCLT regulates cornerstone issues such conclusion, validity, termination and, very importantly, interpretation. Rules of interpretation as per the VCLT have lately become a point of focus…
…For most investment treaties, however, discovery rules remain an important means by which tribunals can broaden or narrow the potential role that travaux might play in the interpretative process. …
The Vienna Convention rules for treaty interpretation (VCLT) routinely referred to by all international courts and tribunals are known to be the result of a compromise between different schools of…
…approach (ordinary-plain meaning of the text), the contextual approach, the teleological approach, the relevant rules of international law applicable to the parties, and the negotiating history. This process may be…
…commemorative series. The VCLT: Its History and Development Following World War II, the customary international law rules relevant to the negotiation, validity, and interpretation of treaties had grown to…
…proceed to Conciliation under the rules of UNCITRAL. Notwithstanding the obligation to endeavour to resolve issues amicably, the parties may, by agreement, submit a dispute to arbitration. The glaring omission…
The ICSID reform bells are ringing. ICSID has long been working on its latest rule amendment project, intent on modernising, simplifying and streamlining the ICSID rules also in light of…
…Colombia. The arbitration tribunal, which was constituted under the rules of the Center of Arbitration of the Chamber of Commerce of Bogotá, found partially in favor of the Chinese consortium….
…of any authoritative ruling by the Supreme Court of India. This article aims to conduct a comparative analysis of various national systems as well as international rules and arbitral institutions…
…was the Supervisory Board, who actively participated in the development of the TIAC Rules of Arbitration (“TIAC Rules”), and it was upon their recommendation we formed a completely autonomous body…
…International Arbitration, including guidelines regarding direct or indirect conflicts of interest, or any supplemental guidelines or rules adopted by the U.S. and Mexico. Further, in an apparent effort to improve…
…are governed by the London Court of Arbitration Rules (LCIA Rules), with English Law governing the gold swap agreement. Consolidation of disputes is applicable when a related dispute arises before…
…in direct examinations of expert witnesses — what guidance for their use is available? Neither the LCIA or ICC rules of arbitration provide specific direction on the use of technology….
…of Armenia (“CCIA Arbitration Institution”) under its rules. The CCIA Arbitration Institution is perhaps the most commonly used arbitration institution in Armenia. According to the CCIA Arbitration Institution rules, “[b]y…
…the 2013 rules contained a separate set of expedited rules for claims of limited value in Section II, such expedited rules will be integrated in the main rules. Under the…
…out of mandatory rules. To the extent that mandatory rules reflect public policy they now cast a limit to parties’ lex contractus. Binsy Susan & Adarsh Ramakrishnan, ‘How to…
