…reimbursement by the respondent before the final award is rendered and costs are allocated. The article will discuss the position under various institutional rules and draw a comparative analysis between…
…in international arbitration: the IBA Rules on the Taking of Evidence in International Arbitration (2020), the IBA Guidelines on Party Representation in International Arbitration (2013), the CIArb Protocol for the…
…laws and uncertainty as to what rules shall prevail. Theoretically, this conflict should not be an issue. The general Russian law rules of interpretation being applied, the provisions of the…
…two well-known institutions’ rules (the ICC and the LCIA) – remain challenging and relatively rare. However, the most commonly used rules in international maritime arbitration are those of the London…
…valid arbitration agreement and the application of rigid rules of waiver or technical defaults is clearly inconsistent with the fundamental pro-enforcement treatment of arbitration agreements under the New York Convention….
…as to the correct approach to their preparation more generally. The IBA Rules on the Taking of Evidence in International Arbitration (2020), Art. 4(5)(b) (which is unchanged from their 2010…
…African states are parties to the New York Convention. ↑2 Article 5 of the CAJAC Rules. ↑3 Article 34 of the CAJAC Rules. ↑4 Article 34 of te CAJAC Rules….
…be required. What is the Added Value of Specific Rules for Registration of International Arbitral Institutions? The two international institutions that exist in Ukraine are the International Commercial Arbitration…
…investment regime, with diverse substantive standards and diverse procedures for adjudication. Such diversity will not produce the predictable, consistent and stable rules that the reformers are seeking. Instead, reformers are…
…entities and those involving publicly listed companies. This autonomy is revealed when the parties choose the applicable rules to their arbitration. Therefore, confidentiality is a rule set forth in several…
…some arbitration rules explicitly address the matter. If the applicable rules do not do so, the tribunal has discretion to delegate certain tasks to the secretary, as long as they…
…there were 142 African American women lawyers in entire United States, taking up a job at the NAACP Legal Defense Fund, the foremost civil rights legal organization in the country….
…a claim under the ICSID Convention, the ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules or any other rules on agreement of the disputing parties (Art. 27). Failing to do…
On April 19, 2021, the Secretariats of the International Centre for Settlement of Investment Disputes (ICSID) and the United Nations Commission on International Trade Law (UNCITRAL) released the second draft…
…legal perspective, the arbitrator must consider whether the parties have agreed to proceed remotely and whether there are any restrictions related to remote proceedings derived from the rules applicable to…
…Hong Kong and Singapore. It also examines relevant provisions in the rules of the major arbitral institutions in each of these jurisdictions. It concludes that Singapore and Hong Kong have…
…that enforce existing rules against the investor’s own wrongdoings. Second, no compensation may be required for regulatory measures that abate threats that the investor’s activities pose to public health, environment…
…in accordance with the ECT and applicable rules and principles of international law. As the CJEU elucidated in Achmea, EU law is a part of such rules of international law…
…(presentations, recording, real-time electronic transcripts or electronic organisation and presentation of evidence during the hearing) or cloud-based data storage. In 2018, the Queen Mary University international arbitration survey highlighted that…
…clarify: ability of the court to examine new evidence or to engage in a de novo assessment of evidence de hors the analysis of the arbitral tribunal; the scope of…
…issued the new Hydrocarbon and Fuel Import and Export Rules (the “Petroleum Import/Export Rules”), which sought to limit the ability of private companies to import and export fuel and hydrocarbons…
…earlier disputes, and which provided for resolution of disputes by arbitration in Zurich, in accordance with ICC Rules. PASL invoked arbitration in 2017, claiming damages of about USD 175 million,…
…Chart 25: 93% of respondents favoured the inclusion of emergency arbitrator provisions in procedural rules. Many widely used sets of arbitration rules now include these features. Mr Sabharwal suggested that…
…awards, the so-called ‘slip rules’. The current practice is dominated by these slip rules, and the default functus officio doctrine is applied only on relatively rare occasions in which no…
