…legal advisors to reduce costs and other “institutional barriers” to pursuing formal dispute resolution procedures. Nissan’s UNCITRAL Arbitration Rules claim in 2017 under the India-Japan FTA is even bolder, as…
Introduction The Prague Rules have been widely discussed over the past few months, among others, on this blog.1)Posts on the topic of the Prague Rules can be found here, here,…
…Rules of Arbitration of the Permanent Arbitration Court attached to the Hungarian Chamber of Commerce and Industry (“HCCI Arbitration Court” and “2011 HCCI Rules of Arbitration”) provided that, following the…
…decrease costs. Dr. Alina Oprea of the University Babeş-Bolyai analysed the validity and practicality of unilateral hybrid arbitration clauses under various rules and laws. Such clauses are meant to provide…
…that the referee, being the member of the FBU, should follow its internal rules, which refer disputes between FBU and its members over “rules of the game” and “fair play”…
…arbitrations. Why Use EA Procedures? The ICC EA Procedures were introduced in 2012 by Article 29 of the Rules of Arbitration of the ICC (“ICC Rules”), with detailed procedures…
…introduce? The current Federal Arbitration Statute is based on the 1985 UNCITRAL Model Law and the 1976 Arbitration Rules. Nigeria was the first country in Africa to adopt the 1985…
…arbitral tribunal (whether ad hoc under the UNCITRAL Rules or institutional – ICSID, ICC or national arbitral institutions). This means that the ISDS provisions in BiH BITs are “incompatible with…
…among parties. There is a formality attached to arbitration that one usually does not find in mediation. While the arbitration process is prescribed by rules, the mediation experience is created…
…decided that a commercial contract, including one that contains an arbitration clause, must be interpreted according to ordinary rules of contractual interpretation. Referencing its earlier decision in Electricity Generation Corporation…
…of the CIAMA Rules). Transparency and Publication of Awards CIAMA has integrated into its rules the growing concern for transparency regarding the conduct of arbitration proceedings. The anonymous publication…
…in promoting and developing mediation, i.e. developing rules and boards for mediation and having rosters of mediators. He also addressed the market conditions and pointed out that there must be…
…Free Trade Zones agree that relevant disputes shall be submitted to arbitration at a particular place in the Mainland, according to particular arbitration rules, or by particular personnel, the arbitration…
…Cases Involving Conduct Preservation in Intellectual Property Disputes (Fa Shi [2018] No. 21) prescribes that “Where a people’s court rules to take conduct preservation measures, it shall reasonably determine the…
…arbitration. Taking SHIAC arbitration rules as an example, in SHIAC’s 2014 version of Free Trade Zone Arbitration Rules, SHIAC was the first Chinese arbitration institution to provide for “mediation before…
…of IBA Rules and Art. 6.7 Prague Rules) or joint-party expert reports (see e.g. Art. 6.5 Prague Rules), which have proven to be particularly helpful in finding a solution to…
…actual rules and including certain matters that are not currently in the Rules, such as provisions for emergency arbitrators, consolidation and expedited rules. We are also working on promoting other…
…of experts specialised in various fields acting as arbitrators; Specific rules on interim injunctions: quick suspension of infringements is often key in IP disputes – thus, the WIPO arbitration regime…
…particular, on a new initiative to use arbitration to resolve business and human rights disputes: the Elements Paper on the “Hague Rules on Business and Human Rights (BHR) Arbitration” (Rules)…
…or invalidity thereof, shall be settled by arbitration under the Hong Kong International Centre Administered Arbitration Rules in force at the date of this Agreement”. The Main Issue Moravia…
…the balance should be placed received various answers: for example (i) the SIAC rules as amended in 2016 positioned that the awards should be published only upon consent of the…
…SDNY held in January 2019 that a tribunal formed under the rules of the London Court of International Arbitration (LCIA) is a “foreign or international tribunal” for Section 1782 purposes….
…possibilities offered by blockchain technologies, in particular smart contracts. Johannes LANDBRECHT, Strong by Association: Arbitration’s Policy Debates, Mandatory Rules, and PIL Scholarship Building on a recent publication by Sagi PEARI,…
Report from a Workshop Hosted by Squire Patton Boggs and Delos on 30 May 2019 in Prague It has been a while now that buzzword of innovation has made its…
