…the old version, it does not mention any rules of procedures (e.g. UNCITRAL Conciliation Rules) under which the amicable settlement should be conducted. The reading of Paragraphs 4 and 5…
…Act has made in the stated objective of supporting a swift resolution of payment disputes in the Irish construction industry, with particular emphasis on adjudication. Referring to research, evidence, authoritative…
…s 1 ICC Rules, art 6 para 1 s 1 IBA Rules and art 6.1 Prague Rules. Second, arbitral tribunals have discretion about the assessment of their own expertise. According…
…widely available across jurisdictions. The ability to bring an appeal against a tribunal’s decision on the substantive issues in dispute is not. The rules of major arbitral institutions generally exclude…
…arbitrators to rise. That progress would come to an abrupt halt whether that is by permanent appointments for the MIC or abolishing double-hatting or taking away the ability of parties…
…to Spanish, if applicable; iii) the request presented sufficient documentary evidence showing that the respondent in the arbitration was properly served with the claim and that due process was not…
…Interest in International Arbitration (‘IBA Guidelines’). Even though the arbitration was domestic and the IBA Guidelines were not binding on the proceedings, Shell’s counsel relied upon them during the set…
…rules which either prohibit or impose the use of virtual hearings. In silence, tribunals will be guided by certain general principles. Firstly, certain laws grant parties a right to a…
…obligations stemming from the Latvia-Norway BIT and the 1920 Svalbard Treaty. This latter Treaty could be invoked either through Article 31(3)(c) of the VCLT (“any relevant rules of international law…
…the WTO have reached an arrangement to arbitrate as between themselves trade disputes under Article 25 Understanding on Rules and Procedures Governing the Settlement of Disputes (‘DSU’ are the governing…
…merely the venue for certain proceedings and not the seat of arbitration. In the context of international arbitration, the choice of a supranational body of rules to govern the arbitration…
…PRC government’s Belt and Road Portal. Most of the reporting on BRI addresses allegations of corruption, less developed countries taking on excessive debt, or the economic viability of the BRI…
…However, international investment law has departed from the generally accepted rules of international law on the nationality of corporate persons. Already in the 1960s, the drafters of the ICSID Convention…
…of law rules, arbitrators are not bound by the same conflict rules as courts at the seat. Instead, arbitrators should use autonomous conflict of law rules, such as art. 28…
…of legal rules (“a system of principles and rules of contract law which are common to existing national legal systems or best adapted to the special requirements of international commercial…
…Chamber of Commerce applicable to the Ruta del Sol 2 arbitration, there is no reference either. Other international arbitration rules, such as the ICC Rules provide in Article 8 for…
…(ii) number of remote locations and the possibility for tribunal members to be in the same physical location; (iii) method of taking evidence from fact witnesses and experts to ensure…
…requirement can be seen in the LCIA Arbitration Rules as well as the ICC Rules. The IBA Guidelines on Conflict of Interest in International Arbitration supplement this threshold and contemplate…
…arbitration, the compromise position adopted by the International Bar Association’s Rules on the Taking of Evidence in International Arbitration is to permit disclosure of documents where it is “relevant to…
In a recent post, we were told to ‘Roll Out the Red Carpet’ for the Hague Rules on Business and Human Rights Arbitration (the “Rules”). Indeed, the Rules are a…
…rules and administration, the implicit intent of the state is to create its own arbitral institution. Hidden in the First Complementary and Final Provision of the Decree is a mandate…
…that taking this “side job” has been absolutely the right decision. The most valuable experience during my time with the Blog is definitely the close work with the fantastic editorial…
On 3 February 2020, the Republic of Seychelles became the 162nd Contracting State of the New York Convention (already followed by Palau as number 163, reported here). The New York…
…importance of voluntary compliance. It then underlines that the applicable rules related to the removal or challenge of arbitrators, which are separate and different for each institution, continue to apply….
