…of access to justice pursuant to Art. 2(1) in conjunction with Art. 20(3) of the German federal constitution (see previous blog post here). As the relevant CAS arbitration rules did…
…rules of jurisdiction set out in the UAE Civil Procedures Law, the court in whose jurisdiction a contractual agency agreement was executed shall have jurisdiction to adjudicate all disputes arising…
…civil law tradition-inspired competitors like the 2018 Prague Rules struggling to gain traction). The Fall of Arb-Med In addition, cross-fertilisation from mediation practice has not yet borne much fruit…
…process on track, make full use of case management conferences (CMCs) to agree on the rules and general framework of the procedure, leverage technology (videoconferencing, virtual hearings, etc.) to make…
…investment agreements. Contrary to BITs, the Protocol merely encourages state parties to “make best endeavors” to align regional investment agreements with the rules under the Protocol (Art. 49(3)). Similarly, the…
…new regional arbitration centres, the relaunching of other centres and a proliferation of new rules and best practice, alongside the growth in the legal sector. Any observer of the region…
…rules,” including provisions that allow the ISU to impose “sanctions” on athletes for participating in competitions not authorized by the ISU. According to the ISU rules, the ISU’s decisions may…
…ICSID Rules” which is to “preside at its deliberations” (paras. 126). Because there was no evidence that the arbitrators were regularly sitting together, the Court held that “tasks could not…
…required under the SCIA rules or Chinese law, in the Ontario court’s view, did not “address the specific requirements of Article 36(1)(a)(ii) of the Model Law regarding ‘proper notice’” (para….
…its doors at the Dubai International Financial Centre (“DIFC”) in February 2023 and publishing its new Arbitration Rules in May 2023. The new Arbitration Rules feature streamlined Online Dispute Resolution…
…under the MCIA Rules. Shifting gears, Ms. Chinoy discussed the challenges of mediating disputes with states and state-owned entities, given their fact and evidence-intensive nature. She praised the new Indian…
…arbitration seated in Singapore and conducted pursuant to the Singapore International Arbitration Centre Rules. TL’s Terms of Use also stated that there shall be no authority for any claims to…
…money to New Alternative Oak. The original contract (to which New Alternative Oak was not a party) included an arbitration clause providing for the application of ICDR arbitration rules, but…
…the original summons had not been served on Malaysia in accordance with Spanish rules governing proceedings against States. As service of the summons was a nullity, so too were all…
…such arbitration proceedings, the DIAC will apply the rules of procedure of the DIAC, including the tables of fees and costs, through the DIAC’s own case management systems, unless otherwise…
…technology adopted by the legal profession, it assists lawyers in doing the same process, and is tied to the traditional rules used by arbitral institutions. As this blog considers below,…
…consider counterclaims in the context of climate change. Although ICSID (Rule 48, 2022) and UNCITRAL (Article 21, 2013) Rules permit counterclaims under certain circumstances, the tribunal’s jurisdiction is arguably limited…
…of the Japan Commercial Arbitration Association (JCAA Rules) into a dispute resolution clause delegated the question of arbitrability to the arbitrator. This decision relied on Ninth Circuit precedent that incorporation…
…rules of arbitral institutions cited in the decisions – and an Index by Subject Matter. Also, in concluding the Yearbook’s publication of awards, the 2023 volume includes a Compendium of…
…Article 9, paragraph 2 of the BANI Arbitration Center Rules 2022. However, this means that the claim will still have to be made in arbitration, not in court. The problem…
…Justice and Legal Affairs, held in Accra, Ghana, in January 2023. The Investment Protocol calls for adopting an Annex dedicated to rules and procedures for dispute management and resolution between…
…their peers. A popular way of doings so is promulgating an innovative set of arbitration rules. The 2023 SCCA Arbitration Rules (commented on in a previous blog post) increased the…
…for International Commercial Arbitration (CRCICA) Rules 2024 which came into effect on 15 January 2024. These rules replace the previous CRCICA Arbitration Rules 2011. The updated rules include modern features…
…AI-generated text and the training of AI tools with the Moot problem. A recent piece, analyzing the rules, foresees that the new rules “will be the first ‘real’ test of…
