…exchange for its investment in a joint venture. When MHC failed to pay the Guaranteed Return, Sembcorp commenced a Singapore-seated arbitration under the 1998 ICC Rules. In 2004, the sole…
…a structured rules approach which emphasises efficiency and outcomes and inhibits variation and diversity. In “Optimism in mediation: Part 1 – The captain goes down with the ship”, inspired by…
…as Law that the EU can give intra-EU prevalence to its own rules. The foundation of arbitration is the mutual consent. Is there mutual consent where in accordance with the…
…parties should be made aware of the possible options the arbitrator is entertaining. Formulating agreed lists of issues, as envisaged in the ICC Rules in the form of ‘terms of…
…arbitrators.9) Remarkably, we could not find a single arbitration institution with rules regulating the size of arbitrators. Obviously, our findings have already prompted many questions for further investigation. In a…
…legal space progresses, arbitration institutional rules attempt to keep pace. For practitioners, keeping up with the latest recommended protocols can be a challenge, which is why the conference included a…
…would advise to start by looking at the applicable arbitration rules. Most rules, including CPR’s rules, provide the tribunal with the discretion to determine whether or not to admit evidence,…
…conducting a consultation on amending its rules, and several States considering alternatives to the current system of investment treaty arbitration. A state of flux, however, also creates opportunity. With these…
…tribunals enjoy a rather wide discretion when deciding on the admissibility of evidence. Arbitration rules contain almost no guidance regarding the admissibility of illegal evidence specifically, and the Vis Moot…
…will be settled under the rules of a clearly defined reputable art-specialised arbitration body, instead of court-led litigation. Secondly, all good faith stakeholders in the art sector want impartial and…
…the confidentiality through a separate agreement or applicable rules. Although investment arbitrations in many cases have been conducted confidentially (while only awards and a few procedural decisions become public), recent…
…in most of the cases parties to the arbitrator’s contract do not agree on the applicable law, leaving this issue to be determined by the rules of private international law….
…some of these short-comings. Unlike earlier attempts, however, which focused on the possibility of consolidating disputes that are conducted under one set of procedural rules, the author, inspired by the…
Unlike some Western arbitration institutions which enacted institutional arbitration rules dedicated to construction disputes, such as the 2015 American Arbitration Association (AAA) Construction Industry Arbitration Rules, to date, the leading…
…rules on competence and exclusive competences attributed to the Brussels Enterprise Court for the entire country (such as with regard to patent disputes, European Trademarks and designs, and class actions)…
…Investment Arbitration Rules (the ‘CIETAC Rules’). The BAC Rules have made a series of innovations and proposed a ‘Chinese approach’ to the issues and drawbacks of the current investment arbitration…
…Administered Arbitration Rules. Shortly after their release in October 2018, Joe Liu, Deputy Secretary-General of the HKIAC, wrote on the Blog to introduce the Rules and explain key highlights and…
…embracing alternatives to litigation and a thoughtful approach to addressing inevitable business disagreements. CPR is more than just a provider of arbitration rules and ADR services. Can you tell…
…Arbitration Rules against the Russian Federation based on Article 9(c) of the Ukraine-Russia BIT and sought payment of USD 50,314,336 as compensation for the alleged expropriation (the “Dispute”). The Russian…
…the recent Prague Rules were mentioned, comparing them with the IBA Rules on the Taking of Evidence in International Arbitration. The comparison was mainly focused on the document production stage…
…into the Ukrainian legal system. The Constitution, however, does not establish direct applicability of rules of customary international law. They, thus, cannot be applied directly by Ukrainian courts. Under the…
…on jurisdiction, liability and quantum was held in Paris, bringing the case to its closure. Therefore, according to the ICSID Arbitration Rules 38 and 46, the tribunal will have to…
…the Legal Practitioners Act 6)Rule 50 of the Rules of Professional Conduct for Legal Practitioners, 2007 allows Nigerian Legal Practitioners to enter into contingency arrangement with clients provided that these…
…overturned a refusal by the Khor Fakkan Court of Appeal (the “Court of Appeal”) to recognize and enforce a foreign arbitral award issued under the Rules of the London Court…
