…and BITs, Ira Ryk-Lakhman (London) argued for continuity across both legal regimes. Her main proposition was that the investment treaty provisions do in fact incorporate certain rules of customary IHL…
…the ICC Rules, which applies from 1 January 2019. This note extends the existing disclosure obligations of arbitrators and prospective arbitrators to “non-parties having an interest in the outcome of…
…arbitral institution’s rules. TIAC has also poised itself to become an important player in the arbitration community: just recently Ms. Bayzakova announced that TIAC would host the world’s first International…
…arbitrators) ruled on hundreds of disputes, sometimes involving particularly fraught points of international law, all this while applying and interpreting the UNCITRAL Rules of arbitration (lightly amended) in ways that…
…a sovereign State as illegal.”6)“London court rules DP World Djibouti contract ‘valid and binding’ – Dubai government”, Reuters, Aug. 2, 2018. “We are not concerned by what the London Arbitral…
Introduction Unlike other pillars of arbitration like recognition-enforcement of foreign awards and independence-impartiality of arbitrators, the Kompetenz-Kompetenz rule is far from a universal standard. Each jurisdiction has a particular rule,…
As the recent launch of the Prague Rules and the discussions at the Paris Arbitration Week 2019 and London International Disputes Week 2019 have shown, discussions around time and cost…
…Law in International Arbitration – The Beginning or the End? The presentation of the Prague Rules on the Efficient Conduct of Proceedings in International Arbitration on 14 December 2018 has…
…As such, two separate sets of rules now apply to the recognition and enforcement of awards in the UAE: Article 55 of the Federal Arbitration Law provides for enforcement of…
…with Guaidó’s government will need to meet a high standard before it is recorded in a consent award, pursuant to Article 33 of the 2017 ICC Arbitration Rules. Article 33…
…will reach strikingly different results on seemingly similar questions. In the absence of clear rules on the admissibility of illegally obtained privileged evidence, a common standard on the admission and…
…against them unless they are adequately represented. This problem stems from the nature of the underlying dispute and arises regardless of the particular dispute resolution method adopted. Procedural rules applicable…
…the tribunal has to take into consideration the efficiency of the proceeding and judicial economy. ‘Old-generation’ BITs do not explicitly address counterclaims. However, both UNCITRAL Rules (Art. 21) and the…
…Rules innovate or duplicate existing rules and guidelines, such as the IBA Rules on the Taking of Evidence in International Arbitration (the “IBA Rules”) (this section was dealt with by…
…to the setting-aside rules and the waiver provision. The Challenges of Law Reform The confidentiality issue is a classic example of a contest in policy values. The explanatory note to…
…freezing injunctions may be affected in certain cases by the agreement of the parties concerning the powers of the Arbitral Tribunal or the provisions of the relevant institutional rules. This…
…from them, for example, by agreeing to the application of specific institutional procedural rules. Thus, the SAA 2019 will generally be applicable in connection with ad hoc arbitration proceedings with…
…measures, the Arbitration Rules and the Rules for Expedited Arbitration of the Arbitration Institute of the Finland Chamber of Commerce (FAI), in force as of 1 June 2013, provide specific…
…chairman, sole arbitrator, counsel etc.)2)See Article 15(5) of the 2019 CAM Arbitration Rules, Article 17(7) of the 2017 GIAC Arbitration Rules, Article 13(1) of the 2017 ICC Arbitration Rules, and…
…English Arbitration Act and the ICC Rules permitted an arbitrator to award “other costs.” Fellas noted that many other arbitration rules provide an arbitrator with that authority. With respect to…
…ADGM Arbitration Regulations. The foregoing, and rather self-evident, conclusion is underlined by Article 32 (Determination of rules of procedure) of the Arbitration Regulations 2015, which provides in sub-section (3): “Unless…
…the jurisdiction, recognition and enforcement of decision across the European Union are regulated by the Recast Brussel Regulation 1215/2015 which, broadly, provides for: Specific rules for determining the intra-EU jurisdiction,…
…free market economy where economic freedoms are fully respected creates a robust and innovation-based economy for the country. As for private enforcement, whether through courts or arbitration, the rules governing…
…adventures and those for the sale of goods – to contain an arbitration agreement, and a set of arbitral rules which will govern the dispute resolution between the parties. The…
