…IGPA Rules, which designate the Arbitration Act 1996 as the applicable law and England as the seat of arbitration. The Arbitration Act 1996 allows for appeal of award on questions…
…specific nonarbitrability rules adopted in particular states pursuant to Article 1(5) of the Law.” (Born at 309.) Thus, according to Born’s treatise, the Model Law includes employment disputes. Further, contrary…
…the proceedings than the lack of impartiality of independence of one or more of the arbitrators.3)para. 175. Interpretation in accordance with relevant rules of international law The Committee highlighted that…
…the case, and requirements at the seat of arbitration. Some institutional rules and practice guidance have progressively acknowledged the possibility of virtual hearings. For instance, 2017 Rules of the International…
…is too lengthy, expensive and burdensome“.2)ICSID Proposals for Amendment of the ICSID Rules, Working Paper #4, para. 89. The Prague Rules actively encourage the parties “to avoid any form of…
…the ICC’s Mediation and Arbitration Rules. The filing fees alone would have amounted to more than half of Heller’s annual income as an UberEats driver. The SCC was unanimous that…
…situation remains unsolved in the Rules of the Bosnian Arbitration Court. Article 47 of the Rules on Organization and Operation of the Court of Arbitration provides that: An arbitral tribunal…
…online resources, public relations approach, and roster of arbitrators. The JCAA also updated its commercial rules. These rules were and remain in line with international standards. Amendment of the…
…in various arbitral rules such as the SIAC Rules, one would expect that such applications involving parties in the Philippines similarly will increase—notwithstanding potential challenges to enforcement in the Philippines….
…choice of law rules) strongly suggests that they should usually be the same (at [96]). There is, however, authority (Sulamérica at [26]; and see also BCY v BCZ at [60]…
…is use of the emergency procedures in arbitration institution rules. Third, Person: an outstanding neutral with ADR experience and knowledge of the law and subject matter can be appointed in…
…Rules 2018. Significantly, in 2019, the AIAC completed its first Emergency Arbitrator application and appointment. It has also received a growing number of enquiries regarding such. Additionally, changes in respect…
…required all disputes be mediated and then arbitrated in the Netherlands under the ICC Rules. The majority at the Court of Appeal held that the arbitration clause was invalid both…
…pursuant to the International Chamber of Commerce’s (“ICC”) rules and in accordance with Netherlands law. Mr. Heller, an Uber driver, commenced a class action against Uber alleging that it breached…
…(or confiscation: Article 46 Hague Rules of Land Warfare) during occupation/annexation might therefore indirectly also recognise Russia’s sovereignty over the territory. It ought to be noted that many expropriation provisions…
…Arbitration Market A record number of 406 cases were reported by the LCIA (346 arbitrations administered pursuant to the LCIA Rules). This is the highest number of cases to be…
…the UNCITRAL Transparency Rules by reference, but nonetheless contains many of the same disclosure requirements set out in those Rules and in some cases, like other modern treaties, USMCA signals…
…tobacco plain packaging rules. However, the absolute rejection of ISDS by Australia was short-lived. A change of government in September 2013 saw a return to the policy of considering whether…
…of many articles that have reviewed relevant differences with respect to NAFTA, particularly on investment arbitration. This post will explore the arbitration rules applicable to investment disputes under the USMCA…
…of trade-related issues, and includes chapters on rules of origin, technical barriers to trade, intellectual property, competition policy, labour, the environment, and investment. Mexico was the first to ratify USMCA…
…settlement talks between the parties, the insolvency administrator initiated arbitral proceedings under the ICC Rules on 20 December 2007. The place of arbitration was Frankfurt am Main, hence from a…
…there has been no allegation, that the existing rules and institutions are unable to manage conflict issues,5)See Republic of Ghana v. Telekom Malaysia Berhad, District Court of The Hague, Challenge…
…SIAC Rules (2016) provides that the Tribunal shall discuss the procedures that will be most appropriate and efficient for the case; and (iii) Article 22 of the ICC Rules (2017)…
…mechanism prescribed in Article 27 of the UNCITRAL Arbitration Rules and Article 3 of the IBA Rules on the Taking of Evidence in International Arbitration (“IBA Rules on Taking Evidence”)….
