Rethinking Virtual Hearings
…videoconferencing (see, e.g., UNCITRAL Model Law, Art. 24). Meanwhile, the standard practice as envisaged in the rules of major arbitral institutions provides for broad discretionary powers of arbitral tribunals to…
Search Results for: iba rules on the taking of evidence
ADR, Arbitration Proceedings, Data Protection, GDPR, IBA, ICCA, International arbitration, Videoconferencing
Should the ICCA / IBA’s Task Force on Data Protection “Roadmap” address the impact of the GDPR on Video Conferencing in International Arbitration Proceedings?
…regards to video conferencing. The ICCA / IBA’s Joint Task Force on Data Protection (“Joint Task Force”) in International Arbitration Proceedings has joined forces to produce a roadmap on data…
Noteworthy Points on Limitation Periods Applicable to Award Enforcement in the Chinese Mainland and Hong Kong: A Brief Summary and Update
…is two years. The starting point for the calculation, and the rules on refreshment and suspension of the limitation period, are worth noting. The Starting Point to Calculate Limitation…
Is There Anything to Draw From “invested by investors”? Parallels Between Serafín García Armas v. Venezuela and Clorox v. Venezuela
…from Clorox International. In addition, there was no evidence that Clorox Spain had made further investments in the local company. In short, the tribunal understood that to make is not…
Best practices, COVID-19, ODR, Online Arbitration, sociology of international arbitration, Virtual hearings
Will the COVID-19 Pandemic Be a Long-Term Game Changer for International Arbitration?
…requiring arbitrators to actively promote settlement) or the 2018 Prague Rules on the Efficient Conduct of Proceedings in International Arbitration as an alternative to the IBA Rules on evidence–taking. The…
Construction, Construction arbitration, COVID-19, Denmark, Energy, Infrastructure, Paris Arbitration Week, Prague Rules, United Arab Emirates, USA, Webinar
Paris Arbitration Week Recap: The Impact of COVID-19 on International Construction Projects and Disputes: Is It Really All That Bad?
…proceeded with a reference to the recently introduced Rules on the Efficient Conduct of Proceedings in International Arbitration (so-called “Prague Rules”), which he – in particular for parties with a…
Arbitration Institutions and Rules, Asia, China, Hong Kong, India, Intellectual Property, Paris Arbitration Week, Set aside an arbitral award, Singapore, South Korea, Webinar
Paris Arbitration Week Recap: Recent Developments and Key Arbitration Trends in Asia
…2019. The rules now allow parties to conduct hybrid arbitrations where parties can select a set of arbitration rules while engage in another arbitration institution as the appointing agency for…
Arbitrability, Arbitral seat, Arbitration Award, Arbitration clause, Arbitration institution, Arbitration Institutions and Rules, Enforcement, Paris Arbitration Week, Seat of the arbitration, Virtual hearings, Webinar
Paris Arbitration Week Recap: Do and Don’t’s When Choosing a Seat and Enforcing in CEE/CIS/Russia: State of Play
…yet implemented such special corporate rules, as those rules prescribe the publication of the identity of the parties as well as of the matters of the dispute and thus risk…
Climate change, ICC Arbitration, ICC Note to Parties and Arbitral Tribunals, Paris Arbitration Week, Virtual hearings, Webinar
Paris Arbitration Week Recap: Sailing the Winds of Change at the 4th ICC European Conference on International Arbitration
…by the COVID-19 crisis, which prompt for virtual hearings as the norm rather than the exception, at least for cases which do not require extensive evidence and have limited amounts…
Arbitral Award, Arbitral seat, Arbitral Tribunal, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings
Virtual Hearings to the Rescue: Let’s Pause for the Seat?
…jurisdiction and considering relevant institutional rules and arbitration laws. What happens if there is no seat? The question of the seat in online arbitration is not any different than…
Enforcement of an award that was set aside, France, New York Convention, Public Policy, Set aside an international arbitral award
The Drawbacks of Two Arbitral Awards: How Can We Avoid Another ‘Putrabali’ Controversy?
…IGPA Rules, which designate the Arbitration Act 1996 as the applicable law and England as the seat of arbitration. The Arbitration Act 1996 allows for appeal of award on questions…
Born v. Born: The Battle of Scholarly Citations in the Canadian Supreme Court’s Uber v. Heller Decision
…specific nonarbitrability rules adopted in particular states pursuant to Article 1(5) of the Law.” (Born at 309.) Thus, according to Born’s treatise, the Model Law includes employment disputes. Further, contrary…
Dangerous Liaisons in International Investment Arbitration: The Annulment of the Eiser V Spain ICSID Award
…the proceedings than the lack of impartiality of independence of one or more of the arbitrators.3)para. 175. Interpretation in accordance with relevant rules of international law The Committee highlighted that…
The Impact of COVID-19 on the Administration of Justice
…the case, and requirements at the seat of arbitration. Some institutional rules and practice guidance have progressively acknowledged the possibility of virtual hearings. For instance, 2017 Rules of the International…
Document Production: Quality Over Quantity
…is too lengthy, expensive and burdensome“.2)ICSID Proposals for Amendment of the ICSID Rules, Working Paper #4, para. 89. The Prague Rules actively encourage the parties “to avoid any form of…
The Supreme Court of Canada Charts a Safe Route between the Scylla and Charybdis of Hostility to Arbitration and Competence-Competence Absolutism
…Platforms like Uber form two-sided markets, bringing together buyers and sellers of goods or services and taking a cut of each transaction. Consumer protection laws typically cover the buyers, but…
Bosnia and Herzegovina: High Time to Tackle Legislative Loopholes Making It Possible to Avoid Arbitration
…situation remains unsolved in the Rules of the Bosnian Arbitration Court. Article 47 of the Rules on Organization and Operation of the Court of Arbitration provides that: An arbitral tribunal…
Amendments to Japan’s Foreign Lawyers Act Clarify and Broaden the Scope of Party Representation by Foreign Counsel in International Arbitration
…online resources, public relations approach, and roster of arbitrators. The JCAA also updated its commercial rules. These rules were and remain in line with international standards. Amendment of the…
Strategies for Seeking Interim Measures in the Philippines and Singapore
…in various arbitral rules such as the SIAC Rules, one would expect that such applications involving parties in the Philippines similarly will increase—notwithstanding potential challenges to enforcement in the Philippines….
Recent Developments in the Enforcement of New York Convention Awards in India
…judgment in Phulchand Exports Limited v. O.OO. Patriot (2011) and enforced the present award. Taking a cue, the subsequent Arbitration and Conciliation (Amendment) Act, 2015 significantly narrowed the definition of…
Time to Re-Evaluate the Common Law Approach to the Proper Law of the Arbitration Agreement
…choice of law rules) strongly suggests that they should usually be the same (at [96]). There is, however, authority (Sulamérica at [26]; and see also BCY v BCZ at [60]…
Intellectual Property, Interview, Interviews with Our Editors, Panel of Arbitrators, Space Arbitration, Technology, technology industry
Interviews with Our Editors: Arbitrating Silicon Valley Disputes with Lester Schiefelbein, CEO of the Silicon Valley Arbitration & Mediation Center (SVAMC)
…is use of the emergency procedures in arbitration institution rules. Third, Person: an outstanding neutral with ADR experience and knowledge of the law and subject matter can be appointed in…
AIAC, Emergency Arbitrator, Malaysia, Non-signatory, Set aside an arbitral award, UNCITRAL Model Law, Winding Up Applications
Panorama of Arbitration in Malaysia: Developments in Review
…Rules 2018. Significantly, in 2019, the AIAC completed its first Emergency Arbitrator application and appointment. It has also received a growing number of enquiries regarding such. Additionally, changes in respect…
“Major Milestones in Canadian Arbitration Law”: Highlights from the Canadian Journal of Commercial Arbitration’s Launch
…evidence and the stay application was not brought only for dilatory purposes. Richler characterized the principle as signifying Canadian courts’ deference to arbitration and arbitrators’ decisions on their own jurisdiction….