…arbitral awards does not apply where the parties have agreed otherwise (i.e., chose the rules of an arbitral institution). More than a decade later, in 2013, the challenged arbitrator became,…
…decisions of the Cairo Court of Appeal. DECISIONS OF THE SWISS FEDERAL SUPREME COURT 4A_462/2018 of 4 July 2019 [Request to set aside Swiss Rules/SCAI award issued after annulment…
…and limits the judiciary’s discretion to interpret available property rights in a restrictive manner that entirely precludes every matter from arbitration. General Rules for Arbitration The Decree provides certain…
…Federal Rules of Civil Procedure, which themselves authorize such discovery. The Court further noted that the decisions of lower courts within the Second Circuit disallowing such discovery were based on…
…under the UNCITRAL Rules with Johannesburg as the seat of arbitration. Vedanta, therefore, filed for arbitration against the ZCCM. Vedanta also successfully obtained an ex parteorder in the High Court…
…it will have three possible paths to dispute the proposed compensation: (i) the already traditional judicial process; (ii) mediation, following the rules of Statute # 13.140/15, or (iii) arbitration, following…
The ICSID Rules Amendment Project Marking the latest step in its procedural rules overhaul, the International Centre for Settlement of Investment Disputes (“ICSID”) Secretariat released the third Working Paper on…
…new ARIAS-US Panel Rules for the Resolution of Insurance and Contract Disputes went into effect (the “Insurance Rules”) (See P. Halprin, Introducing the ARIAS-US Panel Rules for the Resolution of…
…exception through expedited rules for lower-value disputes only; Delos considers arbitration as a dispute resolution mechanism as a whole rather than focus only on discrete stages / procedural matters, typically…
…resolution procedural rules which include, for example, lists of specialised arbitrators or experts. The panel was completed by Nicola Peart (Three Crowns), who led the gathering through the legal basis…
…creation in 1979. In recent years, CRCICA and its rules have increasingly been chosen by non-Egyptian parties – a true recognition. It is also named as a possible institution in…
…of the HKIAC Rules, Article 25(1) of the LCIA Rules, Article 37(2) of the SCC Rules, Article 30(1) of the SIAC Rules and Rule 37(b) of the AAA Rules. …
…instruments: the AfCFTA Agreement, the Protocol on Trade in Goods, the Protocol on Trade in Services, and the Protocol on Rules and Procedures on the Settlement of Disputes (“Protocol on…
…Claimant and Respondent. It supported its stance by noting that the EPIY was not an arbitral institution with its set of arbitration rules. Instead, arbitration that was to be conducted…
…Rules. (See NBC v. Bear Stears & Co., 165 F.3d 184 (2d. Cir. 1999).) First finding that the term “tribunal” was ambiguous, the Second Circuit next considered the legislative history…
…on steps that can be taken to ensure the sanctity of the dispute resolution process? I don’t think there are any precise rules here. It is important to look at…
…AfCFTA. In the preamble to the AfCFTA Agreement, Member States affirm “the need to establish clear, transparent, predictable and mutually-advantageous rules” to govern trade in goods and services and investment…
…Instance Court considered that rules must be interpreted according with their purpose (Article 2, CCCN). Therefore, the arbitration agreement could not be declared void pursuant to Article 1651(d) without contravening…
…arbitration agreement, it also misconstrued the Convention as setting out rigid standards that national courts cannot derogate from, even where more favorable rules are available. However, the Convention in fact…
…in the Creation of Persuasive Precedents Kauffmann-Kohler argues that the more developed a legal system is, the less important is the role of arbitrators in the creation of rules, and…
…action and announced that they had entered into an Interim Appeal Arbitration Arrangement (the “Agreement”). In so doing, both countries reaffirmed their commitment to a rules-based international system supported by…
…for arbitration in Shanghai, which will be conducted in accordance with its Arbitration Rules […]”. The defendants commenced arbitration against the plaintiff pursuant to Article 14.2 and in accordance with…
…Arbitration Rules of the IRENA. Such rules and practices are inconsistent with Oló Baha-monde v. Equatorial Guinea, Communication No. 486/1991, Annex ‘Views (10 November 1993), where the UN Human Rights…
…itself and its instrumentalities) to enter into contracts is recognized by article 175, sole paragraph, I; article 37, XXI of the Brazilian Constitution and other sets of rules that came…
