…always cherish. I really enjoyed taking part in this worthwhile initiative at such challenging times and meeting Funke Adekoya was a great honour. Here’s to more projects connecting arbitration practitioners…
…of challenges by institutions suggests that bad challenges do exist. Looking at Article 11.6 of the HKIAC Rules for instance, the use of the term “justifiable” means that the challenging…
…view, the US-China relationship is both a cause and a consequence of a global trend that involves governments taking a more interventionist approach, often justified on the basis of national…
…of proceedings, collection and integration of data as evidence, production of arbitral awards compatible with relevant digital platforms, and the automated enforcement of awards. Further, Sir William pointed out the…
…the door to the room being visible, or the witness giving a 360 degree view of the room prior to giving evidence. For witness observation, while online evidence means that…
…challenges pushing for changes to our status quo, I see massive disruption on the development of international arbitration. I imagine we will see technology taking the center stage in innovation…
…to arbitration legislations and institutional rules. Key features of the amendment 1. Default Mode of Appointment of Arbitrators in Multi-Party Situations The International Arbitration (Amendment) Bill first proposes to…
…that court and the court would then execute the award by taking recourse to Indian Law applicable to the execution of decrees. Analysis By resolving the confusion created due…
…claims while delaying payment until the issuance of any resulting arbitration award.” In Uber v. Heller, the arbitration clause required arbitration under the ICC rules, with the seat of the…
…amend or modify the award. While the claimant put forth ample evidence supporting the claim including an expert report and substantiating evidence, Earth Science failed to introduce any report or…
…data may be patchy and proactive steps may have been taken to conceal evidence of transactions. Disproving corruption is even more challenging as a lack of evidence does not necessarily…
…arbitration to be Kolkata, India. A dispute arose between the two entities, and Medima commenced arbitration under the ICC rules in London. At the same time, Balasore also initiated arbitral…
…shall be submitted to arbitration by the International Chamber of Commerce (‘ICC’) Court of Arbitration, according to its arbitration rules, by one or more arbitrators. The place of jurisdiction shall…
…on Evidence (2015) seem to recognize this issue, and they explicitly exclude the application of the notarization and certification requirement, among other rules of evidence under Chinese law. However, such…
…law rules for resolving conflicts of law and established at the second stage of the inquiry that there is an implied choice for the seat, and this would be the…
…of the CISG, Marco Torsello argued that the arbitrators should apply the CISG, on the basis of art. 1(1)(b) CISG, when conflict rules lead to the application of the law…
…IBA Guidelines. For example, under section 3.1.2 of Part II of the IBA Guidelines, the following circumstances fall under the Orange List of the traffic light classification of arbitrator relationships:…
…institutional rules pertaining to the nationality and examines the policy considerations behind the importance attached to nationality in the selection of the arbitrators and their consequences on multi-nationality. Maël…
…rules regulating this practice? In ‘The Legal Framework of Remote Hearings’, Maxi Scherer of WilmerHale and Queen Mary University of London defines related concepts and lays out the legal basis…
…under the rules of the LCIA against B4. In November 2018, the sole arbitrator ordered B4 to pay sums and interest owed to A4 for services rendered under English law-governed…
…procedure and domestic arbitration rules, international arbitration rules do not provide for a specific “evidentiary term”, but allow the parties to submit evidence from early stages of the proceedings (beginning…
…with the power to assist in the appointment, replacement and challenge of arbitrators, the enforcement of interim measures, and the taking of evidence. However, their competence is usually considered as…
…question is what effect an agreement to arbitrate under certain arbitral rules might have on such an “agreement.” For example, Article 29(1) of the ICDR Rules provides that “[i]n addition…
…UNCITRAL Model Law on International Commercial Arbitration. In terms of institutions, the arbitration rules of major Chinese arbitral institutions generally do not contain limitations on party representative’s nationality or qualification…
