…Edition, Informa Law from Routledge 2019), 397 pages ISBN 978-1-138-67473-8. Two comprehensive commentaries on the IBA Rules on the Taking of Evidence in International Arbitration (‘the IBA Rules’) were published…
…interpretation under institutional rules and legislative acts (so-called “slip rules” such as Article 35 of the 2012 ICC Rules and Article 57 Arbitration Act), the latter is impermissible according to…
…online depositories becoming preferred methods for filing evidence and with tribunals issuing awards by email often bearing electronic signatures. The exception has always been the hearing, the default being an…
…facilities, recording equipment, clear rules, language diversity, case management, and neutrality. Respondents further reiterated on a list of facilities that an African centre should provide as an international arbitration centre….
…to Swiss state courts for interim relief or the taking of evidence in support of foreign arbitrations. This new provision has the clear benefit of sidestepping the burdensome path of…
…acknowledged the contribution and initiatives taken by Lucy Greenwood to raise consciousness within the arbitration community which have been instrumental in effecting change. Taking a slightly different approach, Ms. Gowree…
…to enforcement of award because of VHs. Article 19 of the LCIA rules straightforwardly grants the arbitral tribunal the power to decide upon the form of the hearing: “… a…
…parties’ expectations regarding the tribunal’s conduct of the proceedings within a procedural legal framework. The procedural legal framework is usually formed of the due process standard, procedural rules introduced by…
…Institutional arbitration rules referred to in the arbitration clause need not be notarized in full, as long as the arbitration clause contains a clear reference to such rules (article 697n(3)…
…reasonable buyer in EPM’s position would have considered the 2008 review process and depressed tariff when valuing EEGSA, as the evidence showed. Thus, causation would not relate to uncertain recidivism…
…institution as well as the arbitrators acting in them since 2012. Taking into account the confidential nature of arbitration in Peru4)Article 51 of the Peruvian Arbitration Act provides for the…
…been given a further boost by the publication by the Arbitration Foundation of Southern Africa (AFSA) of its draft International Arbitration Rules (the Draft Rules), which are currently out for…
On 11 August 2020 the LCIA unveiled the long-awaited update to its Arbitration Rules (the 2020 Rules). The 2020 Rules will become effective on 1 October 2020 and will apply…
…or particular issue.” Similarly, institutional rules provide for dispositive motions. Rule 18 of the JAMS Comprehensive Arbitration Rules and Procedures has permitted dispositive motions since April 2003, but the AAA…
…for preservation of assets or evidence in Mainland China needs to include “clear particulars of the property and evidence to be preserved or concrete threads which may lead to a…
…rules is notorious. Already back in 2007, enforcement of EU state aid rules prompted the CJEU to disregard the principle of res iudicata in domestic civil court proceedings (C-119/05 Lucchini)….
…No. 4 IPC’s ongoing efforts to “unify adjudication standards” (统一裁判尺度) in Judicial Review, a key policy objective of the 2017 Interpretations. By restating legal rules governing over 100 issues the…
…seated in Singapore and conducted under the ICC rules. The tribunal rendered its award in 2016, holding in favour of BAZ by a majority. In particular, it held that BAZ’s…
…the data falls into any of these categories, it is worth taking advice early as it is likely there will be data protection issues to consider. Offshore UAE Three…
…In this regard, the KCAB International Arbitration Rules (“KCAB Rules”) stipulates in its Article 24(1) “[t]he place of the arbitration, in the absence of an agreement by the parties, shall…
…written submissions; (iv) counterclaims and additional claims; (v) the taking of evidence; (vi) hearings; and (vii) the making of the award. Participants at the 71st session—which included representatives of various…
…party from taking certain actions.2)Article 91 of the Russian Commercial (Arbitrazh) Procedure Code. Courts are now expressly authorized to grant such injunctions, but only in relation to a narrow type…
…Legislative Assembly, and the rules of English common law and equity. In effect, the law in Tonga incorporates the rules of English common law and equity, but English statutes do…
…on Transparency, which implemented the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitrations on existing IAs, could provide an illustrative way on how to introduce a joint or multilateral interpretation…
