…the search for adaptation standards, which ensure outcomes of contract adaptations by international arbitral tribunals that make business sense. Thomas Obersteiner, Provisional Measures Under ICSID Rules: The Power of…
…It observed that Section 1781 addresses letters rogatory issued by one court requesting that a foreign court take evidence within the foreign jurisdiction for use in the pending case. Section…
…Ed. São Paulo: Saraiva, 2017.) Each agreement is now, more than ever, expected to have its own particularities, and not be entirely subjected to the rules governing only one type…
…under the “taking back control” theme commonly invoked by UK politicians. As such, agreeing to the CJEU’s exclusive jurisdiction perhaps would have been hard to sell to the UK electorate….
…by the Convention (A/CN.9/WG.III/WP.190, ¶39). It is hoped that the ICSID mediation rules and the new UNCITRAL Conciliation Rules coupled with the Convention will encourage States and investors to extensively…
…of ISDS. Continent-wide criticism of traditional investor-State arbitration rules and processes can be found, for one, in the AU’s appreciation of the ICSID Proposal for Rules Amendment. In its comments,…
…rules and procedural frameworks to support mediation and conciliation, such as the IBA Rules on Investor-State Mediation or the voluntary mediation rules that ICSID is in the process of adopting…
…or those of the PCA, ICC, SCC, or IBA); alternatively, UNCITRAL could establish its own rules. Indeed, UNCITRAL is in the process of updating its 1980 Conciliation Rules as part…
…issues of confidentiality/transparency. This means that such issues will typically be regulated by applicable procedural rules. Most investor-State mediation rules adopt a default position of confidentiality. This is also the…
…flexibility as the tribunal is not bound by codes of civil procedure and established rules of court. An arbitral tribunal is also bound to decide a case based on the…
…investor-State Mediation Rules as part of its reform process. The Secretariat has indicated that the intention behind these Rules is to “respond to the requests of stakeholders to provide greater…
…recognition and enforcement of ICSID awards trump procedural rules set forth in the CPCU in case of a conflict. As such, under Ukrainian law, Ukrainian courts faced with an ICSID…
…tools used for selecting suitable experts, counsels, and arbitrators (e.g., Arbitrator Intelligence and BillyBot). Third, AI tools used for facilitating procedural automation by translating, transcribing, summarizing evidence, and even drafting…
…time allowing the parties to continue with the projects. Additionally, in small-value or Minor Works contracts, the use of expedited procedures such as the AIAC’s Fast Track Arbitration Rules can…
…hearings ought to be conducted. According to these rules, parties are entitled to incorporate measures they deem necessary to safeguard the proceedings. For instance, under 22.3 of the ICC Rules,…
…countries. However, the negotiations will be complex, taking place amidst a backdrop of existing African international investment agreements (IIAs) already negotiated at the bilateral and regional level. Since 1961, African…
…Agnati (2013), confirming the validity of arbitration clauses opting for ICC Rules with a place of arbitration in mainland China. However, whilst the SPC found the choice of the ICC…
…apply a “standard of balance of probabilities or intime conviction,” taking into account that more persuasive evidence is required for implausible facts and weighing the available evidence as part of…
…one arbitration institution from 14 April 2020 to 20 July 2020 as an example, excluding events aimed at young practitioners, and taking into account all external speakers, 28% of panels…
…Höft, on the other hand, argued for the application of the Swedish choice of law rules for determination of the applicable law and Swedish law as the law applicable to…
…to clarify or supplement their ambiguous, insufficient or improper claims, submissions or evidence. In international arbitration, which is strongly influenced by the adversarial system, arbitral tribunals are usually cautious and…
…and testing evidence through live testimony is not incompatible with efficiency. Strictly Apply the IBA Rules on the Taking of Evidence With the advent of the Prague Rules, there…
…usual procedural steps. Preliminary determination is regulated, for example, in the SCC Rules for Expedited Arbitrations (article 40) and in the HKIAC Administered Arbitration Rules (article 43). As a matter…
…other expedited procedures that apply by default based on the amount in dispute. See, e.g., ICDR Rules, Art. 1(4); ICC Rules, App’x VI Art. 1. Another underlying key difference is…
