New Evidence Rules Allow Document Production in China
…PRC rules of evidence, the concept of having an opposing party produce evidence in support of another’s claim was entirely alien and counterintuitive. With the New Rules of Evidence, parties…
Search Results for: iba rules on the taking of evidence
Huawei and ISDS: 5G Infrastructure and Investment Claims
…rules in the interests of life, health and resource conservation (Article XX), including security (Article XXI). These deviations are extended to allow exceptions to MFN and national treatment on grounds…
The Negative Affect of Negative Effect of Kompetenz-Kompetenz on International Arbitration: Notes from the Devas v. Antrix Saga
…rules. Devas instead of referring the matter to the senior management for resolution or notifying Antrix, unilaterally approached the ICC with a request to initiate arbitration. Consequently, ICC wrote to…
Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Investment Arbitration, Organization of Islamic Cooperation
“To the Centre”: Itisaluna v. Iraq and ICSID’s Entry into the OIC Debate
…and procedural issues, albeit in a circumscribed manner. This will facilitate the constitution of tribunals using the UNCITRAL Rules (and the Rules’ use of the PCA as an appointment authority)…
The Contents of Journal of International Arbitration, Volume 37, Issue 3
…parameters associated with the applicability of the ‘expedited track’ in arbitral rules. By expanding the default application of these rules, users would have the ability to obtain swifter final resolution…
Bilateral Conventions of Establishment: An Illustration of their Potential Application in Contemporary Practice
…latter’s dispute resolution mechanism, notably investor-State arbitration. Taking the combination of the 1868 Switzerland-Italy BCE with the 1983 Switzerland-Panama BIT as an example, this would meet the guidelines set forth…
Advancing Abdel Wahab’s Pandemic Pathway: Arbitral Justice as an Interposition Between the Twin Duties of Fairness and Efficiency
…procedural rules and governing law of the arbitration. It considers three different scenarios: where the procedural rules or governing law of the arbitration expressly refer to “in person” hearings on…
No “Second Bite At The Cherry”: English Court Prevents Party Raising NY Convention Defences to Enforcement Already Decided in Other Jurisdictions
…SCC Rules 2007) lasted until 2010 and concluded with a final award in Carpatsky’s favour. One of the issues determined in the award was whether Carpatsky’s claim for loss of…
Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, COVID-19, Institutional Rules, International arbitration, International Commercial Arbitration, SIAC, Virtual hearings
International Arbitration During COVID-19: A Case Counsel’s Perspective
…Rules 2016 with a 6-month timeframe for its completion. A tranche of the oral hearing (concerning evidence taking by witness conferencing), was heard virtually with about 19 participants (comprising the…
A Tale of Two Cases: Public Policy Defence to Award Enforcement in Hong Kong
…a breach of the rules of natural justice occurred in connection with the making of the interim measure or award”. The Australian courts have construed the definition of public policy…
Reimbursement of Advance on Costs Paid in Substitution for Defaulting Party: a Case Study Under the ICC Rules
…withdrawn.1)For instance, ICC Rules, Articles 37(5) and 37(6); LCIA Rules, Article 24(4); SIAC Rules, Article 34(6); ICDR Rules, Article 36(3); SCC Rules, Article 51(5); DIS Rules, Article 35(4). This raises…
Transparency and Data Analytics: The Keys to the Transformation of the ISDS Adjudicator Appointment Process
…new rules could potentially establish the duty to disclose professional interactions which would otherwise not raise questions on the independence and impartiality of the adjudicators. Sweeping disclosure obligations can create…
Denunciation of ICSID Convention: Re-Visiting Mr. Söderlund’s Separate Opinion
…which do not have a fallback to arbitration under the UNCITRAL or other rules). It is in this context that the author wishes to briefly recall the law governing denunciation…
Everyone Should Do His Own or Everyone Should Have His Own? An Analysis on the Requirements of Conferral of the Arbitral Tribunal’s Jurisdiction
…and hearing on oral evidence, which are initiated by a plenary summons, as opposed to summary proceedings that are held without pleadings and the hearing of which is based on…
Brazilian Federal Court of Appeals Prevents Federal Revenue’s Office from Accessing Data of Arbitration Proceedings
…clause of its Arbitration Rules (“CBMA Rules”) and the secrecy, found on article 13, paragraph 6, of the Brazilian Arbitration Act (“BAA” – Law no. 9.307/1996) and also on article…
Eating Your Cake and Having It Too: The Equitable Doctrine of Approbation and Reprobation in MPB v LGK
…the dispute is finally resolved through agreement for by Arbitration [sic] under the CIMAR rules. A dispute arose between the parties regarding the works performed by LGK, and MPB engaged…
Is Arbitration In Venezuela In Danger?
…the Arbitration Committee of the IBA issued an open letter to the President of the Caracas Bar Association expressing concerns that this decision may result in a “disquieting precedent as…
Remote Hearings in International Arbitration – and What Voltaire Has to Do with It ?
…13.1, 22.5; ICC Rules, arts. 19, 22(2); ICDR Rules, art. 20.1; LCIA Rules, art. 14.5; SCC Rules, art. 23(1); SIAC Rules, art. 19.1, 25.3; UNCITRAL Rules, art. 17(1), 28(2). ↑6…
Arbitration Act 1996, English Arbitration Act, English courts, Foreign Dispute, UK, Witness Statement
Securing Witness Evidence: English Courts to the Rescue of Foreign Arbitrations
…in section 44(2), and not the taking of witness evidence. On the contrary, in the only case that had dealt with an order for the taking of witness evidence under…
The Arbitrability of Secondary Sanctions: A System with a Coherent Standard of Review
…are not well-defined, not all the rules of public policy necessarily override mandatory provisions. In this respect, overriding mandatory rules cannot be derogated, and their application is compulsory irrespective of…
Recognition of Annulled Awards in France: Where Does the Limit Lie?
…a general principle, the Paris Court of Appeal considered that the rules applicable to the recognition and the enforcement of international awards are also applicable to foreign awards, irrespective of…
Arbitration Unplugged Series – Virtual hearing: Present or Future?
…his right to establish its case with examination of evidence in life format (e.g., cross examination of witnesses and experts). And, finally, both parties may object to the tribunal’s invitation…
Arbitration, Arbitration Agreement, EU Law, Europe, Immunity, Intra-EU BIT's, Intra-EU BITs, Intra-EU Investment Arbitration, Intra-EU ISDS, Reform
Immunities: A Forgotten Variable in intra-EU Investment Claims?
…decides to change its legislation on remedies all together (a concern already voiced by the IBA in its 2015 fact-correcting statement on ISDS)? In an integrated European legal system, could…
Disclosing the Elephant in the Case File? Costa Rican Court Sets Aside Award
…Conciliation and Arbitration, US–Costa Rican Chamber of Commerce (CICA) Rules and governed by the domestic arbitration law of Costa Rica (Law 7727). The arbitral tribunal ruled in favor of the…