…institutions were not left out in the 2024 series of developments. Notably, the Cairo Regional Centre for International Commercial Arbitration (CRCICA) issued the 2024 Arbitration Rules. The 2024 Rules maintain…
…analysis of additional shortcomings by the arbitral tribunal regarding the adversarial principle. It noted, for instance, that there was no evidence that the summons to arbitration hearings or the corresponding…
…rules and of recent developments in the law and practice of several countries, as well as a comprehensive bibliography of arbitration-related publications prepared in cooperation with the Peace Palace Library….
…India-seated arbitrations. The proposed Section 34-A in the Draft Bill provides that arbitral institutions can provide for an “appellate arbitral tribunal” in their institutional rules, which would have the power…
…gained traction in English case law and in the investment arena. That development goes hand in hand with increasing coverage of the issue in institutional rules and national arbitration laws….
…the teeth of an arbitration agreement, that provision has been typically misapplied in Pakistan, leading to increasing judicial intervention. However, the Lahore High Court clarified that the qualification “taking any…
…determining the rate for ground floor rent psf. The article will consider the pertinent facts of the case (including the “context comparable” evidence), the expert evidence and argument, the applicable…
…investor-State arbitration against the Republic of Panama under the International Centre for Settlement of Investment Disputes (ICSID) rules pursuant to a bilateral investment treaty (BIT). Webuild argued that ICSID arbitration…
…(Art. 14(2) ICC Rules). With regard to the trainee, the SFSC also saw no bias, as he had only worked for the sole arbitrator in a subordinate capacity and under…
…withdrawal process, the rules governing the ECT’s amendment, the UK’s role in the modernisation process, its continuing obligations under the ECT, and the consequences of withdrawal for investment protection. Interestingly,…
…of Kompetenz-Kompetenz, allowing them to independently determine their jurisdiction, subject only to the mandatory rules of the applicable lex arbitri and the law applicable to the arbitration agreement (should it…
…award, issued under the UNCITRAL Arbitration Rules 2010 (the “Rules”) dealing with an issue of liability under section 34(2)(a)(iii) of the Commercial Arbitration Act 2012 (WA) (the “Act”) (“Second Interim…
…the comparative exercise should focus on functionally equivalent rules – namely, rules that seek to achieve the same end-goal, albeit in different ways. FET and AR as Functional Equivalents…
…adopted rules effectively restricting athletes from participating in competitions not organized by the ISU by virtue of its “eligibility rules” (see previous coverage on the Blog here and here). As…
…and the French Cour de cassation, have maintained the status quo rule that consent to jurisdiction does not imply consent to taking measures of constraint. Similarly, while the rule’s customary…
…far, concerns surrounding digitally created or recorded evidence focus on human factors, such as the creation of deepfakes or the hacking of evidence. But what happens when the technology itself…
…Centre for Conciliation and Arbitration (“QICCA”) announced the launch of a new set of arbitration rules (discussed here). The 2024 QICCA Rules introduce a strengthened and comprehensive set of procedural…
…(Award, para. 1144). The question therefore was whether this final vote was “the result of illegitimate government influence;” however, the majority concluded that there was “no evidence on the record…
…this approach, any unforeseeable difficulties or costs in arranging international arbitration can invalidate dispute resolution clauses. The Court declared that international arbitration under LCIA rules would not be independent and…
…arbitrator’s firm and a party’s affiliate. Although carefully taking into account (and siding with) the ICC Court’s decision to disqualify the chair, the Court conducted its own de novo assessment….
…High Court’s concern about ASIs giving rise to a conflict with French public policy ([95]-[96]), the Court of Appeal allowed the appeal based on fresh evidence on French public policy,…
…where new evidence was admitted belatedly, and the respondent was denied an opportunity to respond to the newly admitted evidence after the oral hearings (see discussion here at ¶ 33)….
…arbitration rules for autonomous taking of evidence proceedings, the first of its kind. Argentina: Attraction of Large-Scale Investments In Argentina, the decrease in inflation and the foreign exchange anchor…
…was there any evidence of vexation or oppression in the commencement of the Korean proceedings. To grant an injunction simply on the basis that Asiana entered into an arbitration agreement…
