…the “English way” of conducting international arbitration, and, in this context the role of the Prague Rules on the Efficient Conduct of Proceedings in International Arbitration. Related to this, Andrew…
…of the procedure available under the SCC Arbitration Rules, first introduced in 2010. David emphasized emergency arbitration decisions in JKX Oil v. Ukraine, TSIKinvest v. Moldova (see the inapplicability of…
…have dispute resolution take place in neutral fora. This trend can be tracked in the marked increase in the number of disputes under the LCIA rules in the banking sector…
…the LCIA’s 2014 Arbitration Rules. Do you see a further update of the Rules in the LCIA’s near future? If so, what are the top three areas you would focus…
…Such violation can be restored by granting parties the right to file a claim with a competent Russian state court in accordance with general jurisdictional rules resulting from the invalidation…
…a number of sovereign properties, e.g. properties used for diplomatic purposes, enjoy immunity from enforcement. The rules for enforcement of arbitral awards in Russia are governed by the 1958 Convention…
…IBA Rules is “very specific” and “refers to the expert’s present or past relationship with any of the Parties and other actors in the proceeding” (i.e, does not require disclosure…
…new models of Bilateral Investment Treaties, such as the Dutch Model Bilateral Investment Treaty; (ii) the amendment process of the Arbitration Rules of the International Centre for Settlement of Investment…
…resolution. ICSID, as well, is in the process of review and consultation of its Arbitration Rules. In the field of commercial arbitration, it is clear that it has steadily grown,…
…EU law would only be breached if the CETA Tribunal could (i) interpret and apply EU rules other than the provisions of the CETA or (ii) issue awards having the…
…(the “Rules”) in April 2017. As per the Rules, parties can designate CIETAC Hong Kong as an appointing authority to appoint arbitrators(s) in an ad-hoc arbitration. The Rules have been…
…decision of the Paris Court of Appeal dated 10 June 2004. , judges and arbitrators directly apply substantive rules of lex fori without raising any argument as to the law…
…before claims can be submitted to a number of fora including arbitration under the ICSID Convention, ICSID Additional Facility Rules, UNCITRAL Arbitration Rules or such other rules that the disputing…
…the opportunity to clarify the relationship between customary international law rules of attribution and their treaty text. Alternative Approaches to Investor-State Dispute Settlement During the drafting of the IA-CEPA, Australia…
…settlements? The VIAC Rules 2018 have three parts: Rules of Arbitration (part I), Rules of Mediation (part II) and Annexes (part III); this means that arbitration and mediation now are…
…the applicable Stockholm Chamber of Commerce (SCC) Arbitration Rules (namely, articles 5(1)(i) and 24(2)(i)) – Poland accepted the jurisdiction of the arbitral tribunal. Without making such a timely and clear…
…rules. In the case of ICC arbitrations, for instance, Korean parties became overall more active than Chinese and Japanese parties in objective numbers despite the country being significantly smaller in…
…ISDS procedural reforms and expedited proceedings under the UNCITRAL rules. The keynote speech from Professor Catherine Rogers of Penn State University and Queen Mary, University of London discussed the development…
…consent to their appointment. Prevailing Rules Regarding the Role of Arbitral Secretaries The ICCA Guide on Arbitral Secretaries attempts to enlist the best practice principles for the appointment and…
…the extant framework1)as contained within the Information Technology Act, 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. often tends to…
…the UNCITRAL Arbitration Rules in the Austria-Libya BIT to apply Article 7(2) (b) of the 1976 UNCITRAL Rules which provides that the Secretary-General of the PCA shall designate the appointing…
…an ICSID claim in 2005, which they won in 2013. The dispute concerned the withdrawal by Romania of tax incentives in furtherance of EU State Aid rules and became a…
…agree to hold hearings online insofar that is permitted, either by national laws or by the rules of the arbitral institution. For instance, the 2017 Rules of the International Commercial…
…decide whether an arbitral tribunal had violated a party’s right to be heard in relation to allegations of contract simulation. Caroline DOS SANTOS, European Court of Human Rights Rules upon…
