…a delegation clause should be expressly alleged, and the party should not generally challenge the arbitration agreement. Recently, arbitration clauses that refer to institutional rules acknowledging ‘competence-competence’ have also been…
…SCC Rules 2010. In 2019, the Svea Court of Appeal dismissed Poland’s challenge to the award (Case No. T 8538-17; T 12033-17). According to the Svea Court of Appeal, the…
…main Rules. This means they are applied in conjunction with the main Rules, so long as there is no direct conflict with the main Rules. The ICDR has managed expedited…
…the Prague Rules, which aim to provide a civil-law oriented alternative to the IBA Rules on the Taking of Evidence in international Arbitration. The criticism about diversity can be understood…
…shift to institutional framework in arbitration is paramount. If not the statute, the institutional rules can definitely provide an option, (keeping in mind party-autonomy), to have an arbitrator on a…
…do not apply insofar as the institution administers the arbitration.5)Ibid. A Step Forward: Article 26 CAM Rules 2019 On 1 March 2019, the new CAM Rules entered into force…
…should be searched efficiently is also reflected in Article 3.3(a)(ii) of the IBA Rules on the Taking of Evidence in International Arbitration (the “IBA Rules”). Why use predictive coding…
…the Russian Federation (para 4.6.1). The Court holds that Article 26 ECT provides for international arbitration under the UNCITRAL Rules for violations of ECT provisions. It does not accept Russia’s…
…rules to this situation. This allowed the court to avoid discussing the relationship between EU law and intra-EU investment arbitration, by ruling that “in the present case, the arbitral tribunal…
…that there is a disparity in the approaches of various jurisdictions on issues pertaining to construction contracts, a closer examination would reveal that the niche rules applicable to them are…
The award in Serafín García Armas and others v. Venezuela (PCA Case No.2013-3) (administered under the 1976 UNCITRAL Rules) was released in April 2019. This post refers to two decisions…
…to the UN rules of confidentiality. The Joint Commission would have 15 days to resolve the issue, but can extend that time period by consensus. The JCPOA does not indicate…
…investor-state mediation rules, Frauke Nitschke summarises the latest draft of ICSID’s rules for investor-state mediation, which were published in August 2019. Frauke outlines the scope of these rules and their…
…Rules of Arbitration of the DIFC-LCIA (the “DIFC-LCIA Rules”) and the DIFC Arbitration Law (the “Arbitration Agreement”). In addition, Clause 10 of the Subcontract provided for the exclusive jurisdiction of…
…bodies may not accept the proceedings to be conducted under the rules of arbitration centers located outside the Kingdom, except in disputes with foreign contracting parties. Third, the Implementing Regulations…
This is the 1st part of the report highlighting the most significant arbitration related decisions of the Swiss Federal Supreme Court (the “Supreme Court”) issued in 2019. Arbitrability In…
…a private body, such as the ICC or the CAS, to appoint an arbitrator – on the basis of the rules of the arbitration institution – does not constitute an…
…released in July, marked crucial progress toward evolving investor obligations regarding human rights on the international plane. Finally, the much-anticipated final text of the Hague Rules on Business and Human…
…In comparison to the previous Arbitration Rules and the Rules of Expedited Arbitration (hereafter the “2013 Rules”), the Institute will now require an advance on costs in all arbitration proceedings,…
…AI, or will AI enhance the arbitral process? Despite the topicality of the subject, the arbitration rules remain silent about AI. However, there is also no express provision regarding the…
…of the analysis will touch upon the IBA Rules and their relationship to the Prague Rules. This article provides a critical, comparative analysis of the Prague Rules. Jose F….
…of its institutional rules (Rules on Organization and Work of the Arbitration Court – hereinafter ‘Rules’) without any significant elaboration. None of the above provisions envisage further conditions as to…
…for the country-code top-level domain for Hungary, .hu. For this purpose, ISZT set up its Domain Registration Rules and Procedures (‘Registration Rules’) requiring domain name providers – so-called registrars –…
…rejected the argument. The court held that default provisions in most arbitration rules would have dealt with this situation and such lack of response was not a cogent reason for…
