…of the calls made by higher management in good faith may be used to initiate arbitrations against them. Thus, the Indian government has been taking steps towards mitigating scepticism. One…
…India EFTA FTA retains arbitration as a dispute settlement mechanism. At the same time, the said provision requires the tribunal to apply customary rules of public international law. Though unrelated,…
…ten years ahead of us. These observations yet again reflect that the stakeholders of arbitration in India were mindful of the shortcomings, and are taking the necessary steps towards the…
ICCA is delighted to open its 26th biennial Congress in Hong Kong today. The Congress, taking place from 5 to 8 May 2024, consists of today’s opening ceremony, followed by…
Since March 15, 2024, the German Arbitration Institute (DIS) offers a one-of-its kind solution to make third-party notices work also in arbitration: The Supplementary Rules for Third-Party Notices (DIS-TPNR). The…
…providing protection and mitigating risk, help mobilize foreign investments—including the trillions necessary for the green transition. I used to make that assumption myself. But times change and new evidence comes…
…reflects the continuing confidence of the Australian judiciary in international arbitration. The High Court considered the proper construction of Article 3(8) of the Hague-Visby Rules as incorporated into Australian law…
…court rejected Lima’s arguments that both new evidence, as well as Rutas’ fraud more generally, allowed it to bypass the FAA’s limits on vacatur, holding that this was merely an…
…the ICSID Convention, even though the EU Commission considered such an enforcement a violation of the EU state aid rules (in particular, Arts. 107 and 108 of the Treaty of…
…had breached the European Convention on Human Rights (“Convention” or “ECHR”) by taking inadequate action on climate change. Two other climate-related cases that were decided the same day—Duarte and Others…
…an additional partial award clarifying certain aspects of its earlier decision based on an application by Gabriele pursuant to article 39 of the UNCITRAL Rules and s. 79 of the…
…justice in any cause or matter pending before it”. Order XLVIII of the Supreme Court Rules, 2013 (“SC Rules”) further sets out the procedure for filing a curative petition, which…
…accordance with the Arbitration Rules of the Singapore International Arbitration Center (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this…
…a concern in relation to the expert not taking an oath. In its decision, the COC cited Article 30(1) of the DIAC Rules 2007, which is the relevant provision, and…
…of item 1.2 of the Non-Waivable Red List of the IBA Guidelines on Conflict of Interest (“IBA Guidelines”). Moreover, the IBA Guidelines do not directly address the relationship between private…
…there has been no express reference to emergency arbitration in the EAA. The reason is understandable as the concept first emerged in 2006 through the ICDR Rules (last amended in…
…rules and resources for remote hearings. In addition to written materials, CGA members actively participate in global events and arbitration weeks by hosting substantive programming and informal networking gatherings, both…
…national procedural rules of each contracting State, subject to the requirement that those rules do not impose additional grounds for refusal other than that prescribed in the . Article 3…
…treaty law. It was the time when the European Union (EU), and most significantly, the European Commission assumed a more active role in shaping policy and rules. We identified a…
…the witnesses can be questioned in arbitration court hearings according to the internationally established practice. Additionally, the arbitral tribunal will be entitled to request the court’s assistance in taking evidence,…
…its rules to explicitly provide that it would take over the administration of DIFC-LCIA arbitration clauses entered into by the Effective Date, the recently launched rules of the Abu Dhabi…
…Rule 58 of the 2022 ICSID Additional Facility Arbitration Rules, Article 21(3) of the 2021 UNCITRAL Arbitration Rules, and Article 9 of the 2023 SCC Arbitration Rules. Under each set…
…she emphasised that many African countries are proactively taking steps to mitigate climate change and embrace renewable energy. Citing Kenya as an example, she explained that while Kenya has ambitious…
…the SIAC Arbitration Rules 2016, Rule 33 of the SIAC Arbitration Rules 2013, Rule 33 of the SIAC Arbitration Rules 2010, and Rule 35 of the SIAC Arbitration Rules 2007…
