…13.1, 22.5; ICC Rules, arts. 19, 22(2); ICDR Rules, art. 20.1; LCIA Rules, art. 14.5; SCC Rules, art. 23(1); SIAC Rules, art. 19.1, 25.3; UNCITRAL Rules, art. 17(1), 28(2). ↑6…
…are not well-defined, not all the rules of public policy necessarily override mandatory provisions. In this respect, overriding mandatory rules cannot be derogated, and their application is compulsory irrespective of…
…a general principle, the Paris Court of Appeal considered that the rules applicable to the recognition and the enforcement of international awards are also applicable to foreign awards, irrespective of…
…award. Mr. Born addressed what he labeled as the first legal issue: the law of the arbitral seat and the institutional procedural rules applicable to arbitration. Most modern institutional arbitration…
…subject to the good will of their home states. It is not clear how this result should be beneficial to an international rules-based order. Towards an Honest ISDS Reform…
…Conciliation and Arbitration, US–Costa Rican Chamber of Commerce (CICA) Rules and governed by the domestic arbitration law of Costa Rica (Law 7727). The arbitral tribunal ruled in favor of the…
…the old version, it does not mention any rules of procedures (e.g. UNCITRAL Conciliation Rules) under which the amicable settlement should be conducted. The reading of Paragraphs 4 and 5…
…Act might be. Enuma U. Moneke, The Quest for Transparency in Investor-State Arbitration: Are the Transparency Rules and the Mauritius Convention Effective Instruments of Reform? In recent years, critics…
…s 1 ICC Rules, art 6 para 1 s 1 IBA Rules and art 6.1 Prague Rules. Second, arbitral tribunals have discretion about the assessment of their own expertise. According…
…widely available across jurisdictions. The ability to bring an appeal against a tribunal’s decision on the substantive issues in dispute is not. The rules of major arbitral institutions generally exclude…
…an arbitration clause providing for any dispute to be administered by the International Chamber of Commerce (‘ICC’) under the ICC Arbitration Rules. In the Ruling, the Lagos High Court held…
…rules which either prohibit or impose the use of virtual hearings. In silence, tribunals will be guided by certain general principles. Firstly, certain laws grant parties a right to a…
…obligations stemming from the Latvia-Norway BIT and the 1920 Svalbard Treaty. This latter Treaty could be invoked either through Article 31(3)(c) of the VCLT (“any relevant rules of international law…
…the WTO have reached an arrangement to arbitrate as between themselves trade disputes under Article 25 Understanding on Rules and Procedures Governing the Settlement of Disputes (‘DSU’ are the governing…
…merely the venue for certain proceedings and not the seat of arbitration. In the context of international arbitration, the choice of a supranational body of rules to govern the arbitration…
…play by the old rules. China tried once before over 500 years ago. Walter B. Wriston, former Chair of Citibank and a prolific writer about the impact of the information…
…However, international investment law has departed from the generally accepted rules of international law on the nationality of corporate persons. Already in the 1960s, the drafters of the ICSID Convention…
…of law rules, arbitrators are not bound by the same conflict rules as courts at the seat. Instead, arbitrators should use autonomous conflict of law rules, such as art. 28…
…of legal rules (“a system of principles and rules of contract law which are common to existing national legal systems or best adapted to the special requirements of international commercial…
…Chamber of Commerce applicable to the Ruta del Sol 2 arbitration, there is no reference either. Other international arbitration rules, such as the ICC Rules provide in Article 8 for…
…(b) to encourage African institutions and governments to make express references to virtual hearings in arbitration rules and laws; and (c) to serve as guiding standards, principles, and provisions to…
…as part of the ongoing Rules and Regulations Amendment Process of the ICSID, the Third Working Paper on Proposals for the ICSID Arbitration Rules Amendment did contain a proposal to…
…the NSWSC’s procedural rules, the Uniform Civil Procedure Rules 2005 (NSW) (the “UCPR”), to determine whether to pursue proceedings against the defendants for breach of confidence (among other claims). Spookfish…
In a recent post, we were told to ‘Roll Out the Red Carpet’ for the Hague Rules on Business and Human Rights Arbitration (the “Rules”). Indeed, the Rules are a…
