…commemorative series. The VCLT: Its History and Development Following World War II, the customary international law rules relevant to the negotiation, validity, and interpretation of treaties had grown to…
…proceed to Conciliation under the rules of UNCITRAL. Notwithstanding the obligation to endeavour to resolve issues amicably, the parties may, by agreement, submit a dispute to arbitration. The glaring omission…
The ICSID reform bells are ringing. ICSID has long been working on its latest rule amendment project, intent on modernising, simplifying and streamlining the ICSID rules also in light of…
…Colombia. The arbitration tribunal, which was constituted under the rules of the Center of Arbitration of the Chamber of Commerce of Bogotá, found partially in favor of the Chinese consortium….
…of any authoritative ruling by the Supreme Court of India. This article aims to conduct a comparative analysis of various national systems as well as international rules and arbitral institutions…
…was the Supervisory Board, who actively participated in the development of the TIAC Rules of Arbitration (“TIAC Rules”), and it was upon their recommendation we formed a completely autonomous body…
…International Arbitration, including guidelines regarding direct or indirect conflicts of interest, or any supplemental guidelines or rules adopted by the U.S. and Mexico. Further, in an apparent effort to improve…
…are governed by the London Court of Arbitration Rules (LCIA Rules), with English Law governing the gold swap agreement. Consolidation of disputes is applicable when a related dispute arises before…
…in direct examinations of expert witnesses — what guidance for their use is available? Neither the LCIA or ICC rules of arbitration provide specific direction on the use of technology….
…of Armenia (“CCIA Arbitration Institution”) under its rules. The CCIA Arbitration Institution is perhaps the most commonly used arbitration institution in Armenia. According to the CCIA Arbitration Institution rules, “[b]y…
…the 2013 rules contained a separate set of expedited rules for claims of limited value in Section II, such expedited rules will be integrated in the main rules. Under the…
…out of mandatory rules. To the extent that mandatory rules reflect public policy they now cast a limit to parties’ lex contractus. Binsy Susan & Adarsh Ramakrishnan, ‘How to…
…to impose rules, procedures, and outcomes. Ms. Weiner explained that her years of experience as an in-house counsel equipped her well for being both a mediator and arbitrator, as in-house…
…rules of international jurisdiction applicable to civil and commercial matters. Even if the Court did not state it expressly, the relevant rules in that case were those in the Brussels…
…UNCITRAL Arbitration Rules, Rule 34(a) of the ICSID Arbitration Rules), as well as the IBA Rules on the Taking of Evidence provide for this alternative and have guidelines for tribunal-appointed…
…core rules on recognition and enforcement of foreign judgements in civil or commercial matters. It will provide greater predictability and certainty in relation to the ‘global circulation’ of foreign judgements….
Introduction In domestic award enforcement proceedings, the U.S. federal Court of Appeals for the Second Circuit (“Second Circuit”) in New York recently reversed a lower federal trial court’s decision to…
…shall recognize arbitral awards as binding and enforce them in accordance with the rules of procedure of the territory where the award is relied upon, under the conditions laid down…
…its contents as well as the position of the European Union. Tilman Niedermaier contributes on the new DIS Rules in his article called “Hello, DIS Rules 2018,” in which he…
…at advancing women and minorities at law firms). The panel agreed as to how both rules had been effective and that there is a need for a similar initiative in…
…Procedure (or the Rules of Court), thereby allowing arbitrators and parties to determine the rules of procedure for the conduct of arbitration. It will be interesting to see how India-seated…
…LCIA Arbitration Rules), ICC (Article 41 of ICC Arbitration Rules), SCC (Article 52 of SCC Arbitration Rules), DIS (Article 4 of DIS Arbitration Rules), SCAI (Article 32 of Swiss Rules…
…disregarding the parties’ choice of law and exceeding its designated power. Moreover, applying conflict of law rules will play an important role in the absence of applicable law or where…
…Efforts are thus made by the arbitration community to improve the existing rules and practices in order to tackle these inconveniences.1)This includes in particular guidelines and rules prepared by various…
