…kompetenz-kompetenz, allowing arbitral tribunals to rule on their own jurisdiction (Sec. 18). In addition to courts’ power to grant interim measures (Sec. 10) and assistance in taking evidence (Sec. 29),…
…are ahead of other leading arbitration institutions whose rules are silent on this point (e.g., the ICC 2021 Arbitration Rules and the SIAC Rules 2016). However, it would have been…
…the absence of a choice of law by the parties, the LCIA Rules do not require the arbitrators to apply conflict of laws rules. Instead, the arbitrators may resort to…
…apply to Encavis arbitration because its context was different. Indeed, Green Power was governed by the Stockholm Chamber of Commerce Arbitration Rules and Swedish (and EU) law applied as the…
…Mediators, and Committee on Services and Investment Decision No 2/2021 of 29 January 2021 Adopting Rules for Mediation for Use by Disputing Parties in Investment Disputes. Two further key developments…
…relating to court ordered interim measures (section 10) and court assistance in taking evidence (section 29). The Bill does not affect the 2011 Act which will continue to apply to…
…approach of funder codes of conduct or the rules of funder organizations. Legalisation of Third-Party Funding of International Arbitration in Ireland Ireland, the only common law jurisdiction in the…
…a broader level, the European Union Artificial Intelligence Act (the “Act”), a landmark legislation that lays down harmonised rules on artificial intelligence, was adopted by the European Parliament on 13…
…research revealed that, in the last two decades, 22 challenges to investment awards seated in Sweden were identified, predominantly under the Stockholm Chamber of Commerce Arbitration Rules. Agius noted longer…
…in opinions published in either the Federal Supplement or Federal Rules Decisions (the official reporters of federal district court decisions in the United States); only 407 petitions (or 42.4%) resulted…
…Treatment (“MST”). The tribunal pondered the policy objectives pursued by Colombia with the scope of economic interests of the investor, taking into account the legal status of its investment under…
…arbitrations, necessitating extensive expert evidence on local laws even at a jurisdictional stage. Implications for Emissions Trading Businesses The Tribunal’s application of NAFTA Article 1139(h) may affect the threshold for…
…characteristics” of EU law rather than on the basis of international law and the rules of treaty interpretation. According to the SSC, the CJEU – as the highest court of…
…applies to [Swinerton’s] claims in this litigation” since it incorporated by reference the rules of the Construction Industry Arbitration Rules of the American Arbitration Association. Swinerton Builders, 2024 WL 1057473,…
…Arbitration Centre (“DIAC”) Arbitration Rules 2022 (“2022 DIAC Rules”) after the entry into force of the Decree. This post continues the discussion started on the subject by a previous post….
…the Fund. Although the Fund did not have legal personality at the time, and so could not have entered into a loan contract, the court highlighted contemporaneous evidence showing that…
…rules, depending on whether they become pressing, or even relevant, issues. Ultimately, a prevalent sentiment among many delegations of WGIII is that the AC should, first and foremost, be able…
…of the IBA Rules on the Taking of Evidence and the UNCITRAL Arbitration Rules. Background of the Case The investor, Sea-Search Armada (“SSA”), claims roughly USD 10 billion, equivalent…
…may re-examine the merits of the dispute (“le litige”) in light of the public policy rules that the arbitral tribunal applied. The set-aside judge is (only) allowed to verify whether…
…Arbitration (CRCICA), the Lagos Court of Arbitration, and the Nairobi Centre for International Arbitration. CRCICA has updated its arbitration rules this year to provide for remote hearings, online filing, consolidation…
…for arbitrators is the characterization of ESG-related substantive rules as international public policy. Considering ESG rules as overriding mandatory rules (lois de police) or as fundamental ‘values’ could result in…
…[emphasis added], in accordance with its administrative rules including, as applicable, the Commercial Arbitration Rules of the AAA, (…) in accordance with its administrative rules (…). The arbitration hearings shall…
…corresponding provisions in the arbitration rules, for example in Article 26 of the ICC Arbitration Rules and Article 29 of the DIS Arbitration Rules. It would be even more consistent…
…common law since arbitral awards do not set precedents. Adapting Rules of Evidence for Tech Disputes in Arbitration Arbitration generally adopts a more lenient approach to certain evidence rules,…
