…render an arbitration agreement automatically ‘incapable of being performed’, an exception should be recognized when the impecuniosity results in a breach of the rules of natural justice. However, the party…
…from becoming a signatory to the ICSID Convention on the following grounds: (1) the Convention’s rules for arbitration leaned towards the developed countries and (2) there is no scope for…
…of Evidence (“EPE”): The Tribunal will give directions at the hearing and the EPE operator will pull up the documents from the electronic bundle to display on every participant’s screen…
We continue our series with four of our fellow editors sharing their perspectives on working on the Blog and predictions concerning the future of the arbitration world: Daniela Páez (Assistant…
…example, the law’s requirements for arbitration procedure lack flexibility and are excessively modelled on litigation. Article 45 of the Arbitration Law stipulates that evidence should be presented at the hearing…
…in 2011) the ICC Rules on Combating Corruption as a method of self-regulation and encouraging businesses to respect high standards of integrity in business transactions. While the welcoming note was…
…prohibiting SAS from taking further steps before US courts to procure the Orders or any similar relief. This interim injunction was granted pending an inter partes hearing before Mrs Justice…
…issued where there is at least prima facie evidence that a party will not be able to meet an adverse costs order or award.1)See Report of the ICCA-Queen Mary Task…
…Russia. The new law does not have any specific rules regarding its application in time, which means that, being of procedural nature, new rules may be applied immediately after the…
…“redetermine the merits of any claim.” Id. at 830. However, it noted that Rule 47 of the AAA Labor Rules authorized the arbitrator to “interpret and apply these rules insofar…
…relevant in this regard. Section 47 states the evidence which the party applying for enforcement is required to produce before court. Section 48 lays down the grounds for refusal of…
…LCAM Arbitration Rules: Focus on Expedience and Institutional Case Management The LCAM Arbitration Rules follow several established trends in institutional arbitration, such as the consolidation of multiple proceedings (Article 11)…
…Court reasoned that the procedural rules that were infringed guaranteed GECELCA’s rights to due process and right to defend – despite concluding that it was not necessary to evaluate the…
…issued a counter-declaration, which refrained from taking any position on the ECT’s arbitration clause noting that several arbitral tribunals have interpreted the clause as applicable in intra-EU disputes. The counter-declaration…
…the right to propose more detailed rules on valuation at a later stage pending the outcome of discussions in other international fora”. In view of the EU’s increasing role in…
…and soft law) rules by different institutions and organizations. Applicable rules may include those of the administering institution, seat of the arbitration or as customized by the parties (e.g., IBA…
…regulations, administrative rules, and policies? In fact, investor compliance with domestic law demands foreseeability and State actions in a coherent and consistent manner. The value of stability and predictability should…
…The new rules have been uploaded onto AFSA’s website and can be found here. Arbitration practitioners are encouraged to consider the draft new International Arbitration Rules and to provide feedback…
…evolution of any system. For ISDS, this is not novel: ICSID, in its latest amendment process of the ICSID Arbitration Rules explicitly states in relation to various amendments that “the…
…enhanced legal frameworks for energy cooperation, also taking into account other proposals on future cooperation in the energy field with left significant ambiguity for its interpretation. While the Russian Federation…
…issues and common parties, such as seen in SIAC Rules. Arbitration rules should consider affording flexibility in allowing arbitrators, especially in the complex case, to deal with issues in phases…
…for costs; and amendments to the valuation rules and rules related to third party funding. The Energy Charter Ministerial Conference approved these topics in November 2018, also adopting a declaration…
…Rules of Mediation 2019 – in Light and in Line with the Singapore Convention Executive Director and General Counsel of the Swiss Chambers’ Arbitration Institution (SCAI), Caroline MING, and Christian…
…the case on the merits or facts, unlike an appeal. The Court of Cassation further noted that every arbitration seated in Egypt is subject to the rules of procedure under…
