…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,…
…of arbitration, and the intricacies of security for costs including fairness in cost allocation. The panel also explored ideas for the reduction of costs. Discussions highlighted that most rules provide…
…and separately, a form of personalized assistance to users in accessing its arbitration rules. The third institution in this group employs ChatGPT and DeepL Write to enhance its internal processes:…
…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,…
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…
…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…
…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…
…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…
…that these two decisions demonstrate that the UAE courts respect the arbitration rules the parties have agreed to. If such rules impose a requirement for the administration of an oath…
…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…
…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…
