Free Zone Arbitration in the UAE: Some Highlights of 2019 (Part 2)
…law. According to the DIFCCFI, pursuant to the conflict of laws rules applicable in the DIFC (which draw in general on the English conflict of laws rules), “[a] foreign judgment…
Search Results for: prague rules
Arbitration, Arbitration Act, Arbitration Institutions and Rules, Confidentiality, Due process, KCAB, South Korea, Technology, Videoconferencing
Safeguarding the Future of Arbitration: Seoul Protocol Tackles the Risks of Videoconferencing
…similarly amended their rules so that videoconferencing can be accommodated. For example, Article 24(2) of the Korean Commercial Arbitration Board (“KCAB”) International Arbitration Rules 2016 expressly permits hearings and meetings…
Arbitration Agreement, Arbitration Agreements, Arbitration Awards, Arbitration clause, Claims Trading
Assignment Without Privity: Disposal of Investment Claims
…simply not there. The procedural rules usually applicable to investment arbitrations – such the ICSID Convention and ICSID Arbitration Rules, the UNCITRAL Arbitration Rules 1976, 2010, and 2013 – similarly…
Armesto Schedule, Document Production, Efficiency, IBA Rules of Evidence, Procedural Fairness, Redfern Schedule
The Armesto Schedule: a Step Further to a More Efficient Document Production
…Art. 9.2(f) IBA Rules. ↑10 Based on Art. 9.2(g) IBA Rules. ↑11 Notably, the Rules on the Efficient Conduct of Proceedings in International Arbitration (“Prague Rules”) encourage tribunals and parties…
On Corruption in Investor-State Arbitration: the Case of Odebrecht Against the Peruvian State
…Key Sticking Points Under Rule 1 of the ICSID Arbitration Rules, the next step is to proceed with the constitution of the Arbitral Tribunal. However, it is likely that the…
Hidden Impediments Await Foreign Parties Seeking to Enforce Arbitral Awards in Kazakhstan
…the award, within three months from the date of the establishment of facts constituting a ground for revising the award, unless another timeline is established by the rules or agreement…
The Contents of Journal of International Arbitration, Volume 37, Issue 2
…freely select their desired representatives is embedded in the foundational principle of party autonomy. In Nigeria, a literal interpretation of the national arbitration rules prevents parties from selecting persons not…
Arbitration, Arbitration Institutions and Rules, BIT, Counterclaims, Enforcement, Investment Arbitration, Reform, UNCITRAL WG III Series
UNCITRAL Working Group III: Counterclaims in ISDS – Challenges and Prospects in Light of the UNCITRAL Reform Process
…Nevertheless, the investment contract framework differs in many respects from the investment treaty one. One of the most prominent differences is related to the applicable rules of interpretation. This casts…
Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, BIT, Frivolous Claims, Investment Arbitration, Reform, Security for Costs, UNCITRAL WG III Series, Working Group III
UNCITRAL Working Group III: Security for Costs – An Inefficient Mechanism to Avert Frivolous Claims in ISDS
Ahead of the thirty-ninth session of UNCITRAL Working Group III (Investor-State Dispute Settlement Reform), the General Assembly Secretariat issued a note on issues to be considered on the topic of…
Appellate Court, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, BIT, Investment Arbitration, Reform, UNCITRAL WG III Series, Working Group III
UNCITRAL Working Group III: Reforms in the Realm of Investor-State Disputes – UNCITRAL’s Proposals for an Appellate Mechanism and its Impact on Duration and Cost
…the drafting of the 1958 New York Convention: Nothing has proven to be as divergent as the rules of procedure. Imposing uniform rules would deter many States from signing the…
Appointment of arbitrators, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, BIT, Investment Arbitration, Reform, UNCITRAL WG III Series, Working Group III
UNCITRAL Working Group III: Would an Investment Court De-politicize ISDS?
Arbitrators under the Crossfire While investor-state dispute settlement (ISDS) was created with the purported goal of depoliticizing investment disputes, it is currently at the centre of heated political debates. Investment…
Arbitration, Arbitration Institutions and Rules, BIT, Investment Arbitration, Reform, UNCITRAL WG III Series, Working Group III
UNCITRAL Working Group III: One Step Closer to a Multilateral Investment Court?
…Article V of the New York Convention; and the role of domestic courts in relation to awards contrary to mandatory rules of law and essential public policies (Report, §80). In…
Conflicts of interest, COVID-19, Ethics, IBA Guidelines on Party Representation, LCIA Guidelines for Parties' Legal Representatives, LCIA Rules, Vis Moot, Willem C. Vis Moot
The 2020 Vis Moot: Facing Emerging Challenges, While Continuing to Hone Best Practices in Procedure and Ethics
…national rules cannot be relied upon to exclusively regulate counsel behavior in international arbitration, arbitral institutions are uniquely positioned to lead this debate by formulating common standards and rules regulating…
Young Female Practitioners Breaking into the World of International Arbitration
Late last year, Herbert Smith Freehills Seoul and Kim & Chang held a “Women in Arbitration” Networking-Dinner and panel discussion as part of the Seoul ADR Festival 2019. The dinner…
India, Brazil Ink Novel Investment Treaty: Is Dispute Prevention the Way Forward?
…the committee. But going beyond, the largely autonomous committee would, inter alia, be empowered to mediate for amicable disputes concerning investments and also, supplement rules for arbitral dispute settlement between…
India-Brazil Bilateral Investment Treaty – A New Template for India?
…indirect expropriation claims. Brazil believes that rules on indirect expropriation open the gates for abusive claims by foreign investors that limit a State’s capacity to adopt regulatory measures to pursue…
Enforceability of Emergency Arbitrator Orders in Turkey and Take-Aways from the 15th ICC Turkey Arbitration Day 2020
…courts’ approach. This post aims to give a summary of the discussions held in this session. Enforceability of interim reliefs and emergency measures under the applicable rules Prof. Dr….
Combating Climate Change: The Role Of Investor-State Arbitration In Africa
…not proceed, and as a supra-national means of holding states to account, it is an important tool in promoting free, fair, and rules-based international trade and commerce. Furthermore, present concerns…
Quo Vadis Supreme Court of Ukraine?
…appear in the arbitration proceedings, though they were notified according to the ICAC Rules and the Law of Ukraine on International Commercial Arbitration (Law on ICA) that in its totality…
After 48 Years at ICSID (1972-2020): An Overview of the Status of Egypt in ICSID Arbitrations
…amicably settle investment disputes. Interestingly, 9 of the cases (i.e. 69%) were discontinued according to article 43(1) ICSID Arbitration Rules, based on the request of both parties. These findings might…
Arbitral Tribunal, Arbitration, Arbitration institution, Arbitration Institutions and Rules, ICSID, ICSID Amendments, ICSID Arbitration, ICSID Procedure, ICSID Proceedings, International Investment Arbitration, Investment Arbitration, ISDS, ISDS Reform, Reform
The ICSID Reforms and Working Paper 4: Push or Pull?
…Facility Rules. The Working Paper is the fourth in a series of working papers, preceded by Working Papers 1 (August 2018), 2 (March 2019), and 3 (August 2019). The reform…
Georgia, Impartiality, Independence, Independence and Impartiality, Institutional Arbitration, Institutional Rules, Interim measures, Unconscious Bias
Avoiding Potential Bias in the Handling of Interim Measures Applications in Georgia
…the arbitral institution (who is most likely the president of the arbitral institution) will decide whether the request should be granted. None of the rules require that an independent person…
Climate Change, the Environment and Commercial Arbitration
…example, at an early procedural conference) that such costs may be claimed by the tribunal in question, irrespective of the applicable institutional rules or guidance. An overall appraisal Given…
Arbitral Tribunal, Arbitration, Arbitration Agreement, Arbitration Agreements, Financial Industry, Lebanon
The Ongoing Lebanese Financial Crisis: Is There Potential For Investor-State Arbitration?
…one alternative to ICSID arbitration, usually in the form of arbitration under the rules of UNCITRAL, the International Chamber of Commerce, the Stockholm Chamber of Commerce, or the Cairo Regional…