…revising their respective arbitral rules (e.g. ICC Rules 2018 or Hong Kong International Arbitration Centre (HKIAC) Rules 2018). Positive and negative implications of competition This competition has various implications….
…of the ICC Arbitration Rules 2017 and Rule 32.3 of SIAC Rules 2016) and also, but less frequently, by the parties to the arbitral proceedings, who may be perfectly invited…
…to certain courts in England, Ireland, and Scotland, and – by virtue of the Schedule to the Reciprocal Enforcement of Judgments Rules, in force since 16 June 1923 – today…
…Dr Judith Knieper presented on the structure and history of UNCITRAL, as well as the mediation framework offered by UNCITRAL, which includes the 1980 UNCITRAL Conciliation Rules and the 2002…
…for Amendment to the ICSID Rules (the “Proposed Amendment to ICSID Rules”) (see recent blog coverage here) These institutional reforms focus largely on procedural rights including, inter alia, fostering transparency,…
…institutional rules,4)Article 42 of the ICC Rules 2017, Article 32.2 of the LCIA Rules 2014 and Article 41.2 of the SIAC Rules 2016. draft awards are subject to either formal…
…question, it is both illogical and unlawful to stall arbitration proceedings against an insolvent entity. Rules of procedure under substantive insolvency ought to be kept separate from the rules of…
…from other arbitral institutions? 2017 was an important year for us as we introduced new and modernized Arbitration Rules and Rules for Expedited Arbitration. Another important development took place in…
…A Review of a Recent Case under TRAC Rules In a recent arbitration case under the Rules of Tehran Regional Arbitration Centre (TRAC), some issues of bankruptcy arose which are…
…session on 14 October 2019 (the New Rules of Evidence). These were formally promulgated on 25 December 2019 (Fa Shi [2019] No. 19). The New Rules of Evidence signal another…
…rules in the interests of life, health and resource conservation (Article XX), including security (Article XXI). These deviations are extended to allow exceptions to MFN and national treatment on grounds…
…rules. Devas instead of referring the matter to the senior management for resolution or notifying Antrix, unilaterally approached the ICC with a request to initiate arbitration. Consequently, ICC wrote to…
…and procedural issues, albeit in a circumscribed manner. This will facilitate the constitution of tribunals using the UNCITRAL Rules (and the Rules’ use of the PCA as an appointment authority)…
…parameters associated with the applicability of the ‘expedited track’ in arbitral rules. By expanding the default application of these rules, users would have the ability to obtain swifter final resolution…
…procedural rules and governing law of the arbitration. It considers three different scenarios: where the procedural rules or governing law of the arbitration expressly refer to “in person” hearings on…
…SCC Rules 2007) lasted until 2010 and concluded with a final award in Carpatsky’s favour. One of the issues determined in the award was whether Carpatsky’s claim for loss of…
…filed in April 2020, the EA, as is required under the SIAC Rules, was appointed within 24 hours of the receipt of the EA application. After the EA was appointed,…
…a breach of the rules of natural justice occurred in connection with the making of the interim measure or award”. The Australian courts have construed the definition of public policy…
…withdrawn.1)For instance, ICC Rules, Articles 37(5) and 37(6); LCIA Rules, Article 24(4); SIAC Rules, Article 34(6); ICDR Rules, Article 36(3); SCC Rules, Article 51(5); DIS Rules, Article 35(4). This raises…
…new rules could potentially establish the duty to disclose professional interactions which would otherwise not raise questions on the independence and impartiality of the adjudicators. Sweeping disclosure obligations can create…
…which do not have a fallback to arbitration under the UNCITRAL or other rules). It is in this context that the author wishes to briefly recall the law governing denunciation…
…clause of its Arbitration Rules (“CBMA Rules”) and the secrecy, found on article 13, paragraph 6, of the Brazilian Arbitration Act (“BAA” – Law no. 9.307/1996) and also on article…
…the dispute is finally resolved through agreement for by Arbitration [sic] under the CIMAR rules. A dispute arose between the parties regarding the works performed by LGK, and MPB engaged…
…Law of the Supreme Court of Justice), not to arbitration proceedings. What we know so far The case at hand involves a domestic arbitration under the rules of the…
