…now, there has not been a comprehensive regulation of Bifurcation within the ICSID Convention and Rules. Case law has, thus, been fundamental to its development. This article will examine investment…
…rules. The current global health crisis may give rise to claims related to both of these aspects of public policy. 1. Claims concerning the infringement of procedural public policy…
…(for example Article 29.2 of VIAC Rules or Article 26.2 of the ICC Rules), legal scholarship, the New York Convention (Article V(1)(b) regarding minimum requirement for notification of the parties)…
…generation for resolving space disputes. Overview of the PCA Outer Space Rules The PCA Outer Space Rules are based on the 2010 UNCITRAL Arbitration Rules (“UNCITRAL Rules”), which are…
…this fact has prevented them from exercising their rights; C) Evidence has not been produced or a party has not been legally notified of a hearing in which said evidence…
…of the difficult legal questions posed by the case, the varying views of the arbitrators, and the differences in the way that they evaluate the evidence. There may be some…
…revisions to the LCIA Rules of Arbitration (the “LCIA Rules”): The 2021 DIFC-LCIA Rules are no exception and take after the recent revisions introduced to the recently adopted 2020 LCIA…
…Union (“the CJEU”) continued to have effect in the UK, and the same can be said about the rules relating to the CJEU’s jurisdiction over the UK. The position…
…it be set aside or annulled by a court in the seat of the arbitration under the ICSID Additional Facility Rules or the UNCITRAL Arbitration Rules. Furthermore, contrary to what…
Despite traditionally being considered unsuitable for arbitration, recent practice evidence that the concrete lines separating antitrust disputes and arbitration have blurred. Ever since the US Supreme Court approved arbitrability of…
…others, confirmation bias and anchoring bias. Confirmation bias arises when an arbitrator gives more weight to evidence that supports his or her provisional view while downplaying other evidence. Anchoring bias…
…fees calculated on an hourly basis · rules applying to domestic litigation usually more restrictive than rules applying to arbitration · in many jurisdictions courts apply tariffs to costs ·…
…different treatment African States accord to intra-African BITs and those concluded with non-African parties, Gracious Avayiwoe, taking Ghana as a case study, suggests that the expected volume of FDI seems…
…including the taking of evidence, enforcement of arbitral awards, the appropriate standards of impartiality of arbitrators, and cost-control and effective case management of arbitration proceedings. The inception of the Series,…
…and duties of legal entities, the form of documents and evidence, and the obligations and behaviour of legal counsel. National legal systems have their conflict of law rules applicable in…
…the allegations, arguments, and evidence put forward by the parties have all been taken into account and that the parties have confirmed at the end of the hearing that their…
…which will keep stayed”. In other words, the effects of main insolvency proceedings taking place abroad do not prevent the creditor from commencing or continuing arbitrations against the insolvent party…
…collaboration (see also here). In 2020, the LCIA also updated its rules. As discussed in a post following their publication, the rules clearly reflect the impact of the pandemic on…
…which the applicable legal framework (institutional rules, national laws, and the New York Convention) is actually an obstacle to digitalization. They find that the evolution towards more technologically oriented proceedings…
…UN and EU sanctions – which aimed at “contributing to the maintenance or restoration of international peace and security” – were mandatory rules integrated into the French conception of international…
…way to addressing the above transparency concerns. The ICC rules, however, would still arguably not be fully compliant with the GPA given that the rules exclude appeals on a point…
…the first award set aside by the Paris Court of Appeal. Indeed, the State of Libya alleged that there was “serious, precise, and concurring evidence” sufficient to demonstrate that the…
…is that they are not “rules” of conduct and, thus, they are not coercive and failure to adhere to them is not sanctionable. How practitioners “embody the law” and can…
…in five years with future standards. Thus, if the door was open to more rules on disclosures, there will always be more rules to come, and strict definitions make sense…
