ArbitralWomen: Career Paths in Arbitration
…to impose rules, procedures, and outcomes. Ms. Weiner explained that her years of experience as an in-house counsel equipped her well for being both a mediator and arbitrator, as in-house…
Search Results for: prague rules
English Arbitration, Spanish Insolvency and David Guetta
…rules of international jurisdiction applicable to civil and commercial matters. Even if the Court did not state it expressly, the relevant rules in that case were those in the Brussels…
Perenco v Ecuador: An Example of a “Lengthy, Complex, Multi-faceted, Hard Fought and Very Expensive” Investment Arbitration?
…UNCITRAL Arbitration Rules, Rule 34(a) of the ICSID Arbitration Rules), as well as the IBA Rules on the Taking of Evidence provide for this alternative and have guidelines for tribunal-appointed…
Court Proceedings, Hague Judgements Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
The Judgments Convention: A Game Changer in the Field of International Commercial Disputes?
…core rules on recognition and enforcement of foreign judgements in civil or commercial matters. It will provide greater predictability and certainty in relation to the ‘global circulation’ of foreign judgements….
Appeal, Arbitration, Awards, Challenge of Arbitral Award, Federal Arbitration Act (FAA), Manifest disregard, Manifest Disregard Doctrine, Manifest disregard of the law, New York, United States
Is Manifest Disregard Alive and Well in the Second Circuit?: A Remand to Find Out
Introduction In domestic award enforcement proceedings, the U.S. federal Court of Appeals for the Second Circuit (“Second Circuit”) in New York recently reversed a lower federal trial court’s decision to…
Enforcement of Arbitral Awards in Uzbekistan: Challenges and Uncertainties
…shall recognize arbitral awards as binding and enforce them in accordance with the rules of procedure of the territory where the award is relied upon, under the conditions laid down…
The Contents of b-Arbitra, Issue 2019-1
…its contents as well as the position of the European Union. Tilman Niedermaier contributes on the new DIS Rules in his article called “Hello, DIS Rules 2018,” in which he…
Improving the Participation of Minorities in International Arbitration
…at advancing women and minorities at law firms). The panel agreed as to how both rules had been effective and that there is a need for a similar initiative in…
Local v. International Standards for Granting Emergency Interim Relief: A Page from SIAC’s New Delhi Summit 2019
…Procedure (or the Rules of Court), thereby allowing arbitrators and parties to determine the rules of procedure for the conduct of arbitration. It will be interesting to see how India-seated…
To Insure or Not to Insure: Should Arbitrators Be Obliged to Insure Their Civil Liability?
…LCIA Arbitration Rules), ICC (Article 41 of ICC Arbitration Rules), SCC (Article 52 of SCC Arbitration Rules), DIS (Article 4 of DIS Arbitration Rules), SCAI (Article 32 of Swiss Rules…
Applicable Law, Blocking regulations, Economic Sanctions, EU Law, European Union, Government intervention, Iran, Lex Arbitri, Lex Fori, Sanctions, United States
Sanctions vis-à-vis Blocking Measures and the Dilemma Faced by Arbitral Tribunals: Lessons Drawn From EU Blocking Regulation and U.S Extraterritorial Sanctions
…disregarding the parties’ choice of law and exceeding its designated power. Moreover, applying conflict of law rules will play an important role in the absence of applicable law or where…
Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Case Management, Efficiency, International arbitration, Poland
Case Management in Arbitration: A View from Poland
…Efforts are thus made by the arbitration community to improve the existing rules and practices in order to tackle these inconveniences.1)This includes in particular guidelines and rules prepared by various…
Is The Future Bright For International Energy Disputes In Asia?
The ITA-IEL-ICC Joint Conference on International Energy Arbitration was held in Singapore in September, examining the future of international energy disputes in the region. There was a focus on the…
Awards, England, English Arbitration Act, English courts, Procedural Order, Set aside an arbitral award
Procedural Orders or Challengeable Awards? The English High Court Clarifies Its Position
…and the level of detail in the reasoning and whether the decision complies with the formal requirements for an award under any applicable rules; and the reasonable recipient must be…
DR-CAFTA, Dual Nationals, Investment Arbitration, Jurisdiction of the arbitral tribunal, Latin America
New Trends For Dual Nationals Claims. Is the Ballantines Award Relevant For Cases Where A Dual Nationals-Related Provision Is Not Incorporated In The Relevant Treaty?
…UNCITRAL Rules, the nationality requirement must be fulfilled, first, at the moment the notice of arbitration along with the statement of claim is received by the respondent and, second, at…
Does Investment Arbitration Threaten the Effectiveness and Integrity of EU Bank Resolution?
…later consolidated and are now being heard by a single arbitral tribunal operating under the UNCITRAL Arbitration Rules 2013. The case, Antonio del Valle Ruiz et al. v. Kingdom of…
From Trinh Vinh Binh to EUVIPA: Vietnam’s Meritorious Step towards Transparency in ISDS
…Transparency Rules to ISDS proceedings and adapts them to the context of the EUVIPA without much alteration. This incorporation-by-reference methodology contrasts with Annex 8 (‘Rules on Public Access to Documents,…
Hong Kong Arbitration Week Recap: The Future of Arbitration in Hong Kong
…well-regarded with increasing caseload and constant self-improvements, such as the 2018 revision to the HKIAC Rules. Arbitration-related judgments have shown that the Hong Kong courts remain neutral and pro-arbitration. The…
Hong Kong Arbitration Week Recap: Has the Proliferation of Institutional Rules Caused International Arbitration to Lose Its Way?
Introduction Even a cursory analysis of the history of the procedural rules of leading arbitral institutions demonstrates that procedural rules are increasing in number and becoming ever more comprehensive in…
Hong Kong Arbitration Week Recap: Private Equity, Financial Services and Insurance Disputes – Don’t Hesitate to Arbitrate!
…Private equity moves fast, but arbitration is speedy, efficient and institutional rules provide adequate interim measures to the parties. It is responsive to the needs of the parties. As a…
UNCITRAL and Investment Arbitration Reform: A Little More Action
…attracted an equally strong degree of consensus with an emphasis on establishing a ‘binding code’. This implied a focus on developing rules rather than guidelines, and precipitated a certain degree…
Interviews with Our Editors: In Conversation with Joe Liu of Hong Kong International Arbitration Centre
…in arbitration? I started my career at the Singapore International Arbitration Centre (“SIAC”) where I administered cases under the SIAC Rules or UNCITRAL Rules. I then did a legal internship…
Arbitral Award, Arbitrators, conflict of interest, Enforceability, Experts, Germany, Independence and Impartiality
The Consequences of the Non-Disclosure of Conflict of Interest on the Enforceability of Awards: The German Stance
…internal rules, the superior had not influenced the expert’s substantive findings in any way, but had for organizational reasons merely signed the letter by which the report was transmitted to…
Navigating Through Stormy Seas: The UK Supreme Court Hears the Micula Case
…Commission (“Commission”) determined that by paying the award Romania would breach EU rules on State aid (“Commission Decision”), effectively barring the State from honouring its obligations under the award. The…