…arguing that its right to be heard was violated since the tribunal applied the rules of equity as an autonomous source of law under Algerian law, although no arguments based…
…different approach enshrined in the new Interactive Rules. 1) Administrative Rules The JCAA administers arbitrations under the UNCITRAL Arbitration Rules pursuant to the Administrative Rules. Accordingly, these Rules are…
…of Procedure for Arbitration Proceedings, ICSID Additional Facility Rules if the former do not apply, UNCITRAL Arbitration Rules or any other rules agreed the parties. Constitution of First-instance Tribunal and…
…Convention and the additional facility rules. Paul-Jean Le Cannu, Team Leader and Legal Counsel at the ICSID, similarly observes that “when comparing the data by region, […] relatively few arbitrators…
…issued new Administered Arbitration Rules. A full update on the new rules was previously published on this blog. However, in summary, the new provisions: facilitate electronic document submission by parties…
…for the recognition and enforcement of a non-DIFC award rendered in an onshore Dubai seat under the DIFC-LCIA Rules of Arbitration. In this case, the award creditor, Mr. Al Tamimi,…
…names of the parties, seat of the arbitration, arbitration rules, applicable law, subject matter of the dispute, awarded amounts and currency, number and names of arbitrators, number and names of…
…legislation did not address whether the rules of champerty and maintenance applied to arbitration in Hong Kong. There is however no case law to suggest that an arbitral award in…
…respondent. In other words, the right to access tribunal as per the rules to determine respondent by the EU in both agreements would allow foreign investors to initiate proceedings without…
…out into finance arbitration-specific products by offering a specific set of rules for application in finance arbitrations. Along the same lines, financial and legal concerns arise in the world of…
…by the Singapore International Arbitration Centre (SIAC), which offers a step-by-step breakdown of an arbitration under the institution’s Rules. Of course, there is also technology, such as video conferencing, recommended…
…refer their disputes to conciliation using the UNCITRAL Conciliation Rules. But the New Act does not stop at mere adoption of the UNCITRAL texts and modernisation of the old regime….
…the FTAs, investors’ claims may still be submitted according to the ICSID or UNICTRAL Arbitration Rules (or any other rules on agreement of the parties) whilst the ICSID Secretary General…
…Rules The new ICC Rules, in effect since 1 March 2017, encompassed a number of revisions. As a reaction to the revision of arbitration rules in the various Asian arbitration…
…a governing contract law. While we are all susceptible to such ‘threats’, we are able to ‘outsmart’ them through the use of effective systems and controls, frameworks and rules of…
…with other international law rules that would contradict its terms. The ECT contains clear wording by which signatory states, including EU Member States and the EU itself agreed to refer…
…follow a binding evidentiary code, unless, of course, the parties agree otherwise. Most national arbitration laws and arbitration rules follow this approach. For example, Article 19(2) of the UNCITRAL Model…
…of the Prague Rules. Leventhal noted that while a plurality (48%) of attendees believed that the Prague Rules would be a useful supplement to the IBA Rules, a majority either…
…the UAE’s position as a leading regional hub for arbitration. Bernd EHLE, SIA 150:2018 – Modern Swiss Arbitration Rules for Construction Disputes The Swiss Society of Engineers and Architects (SIA),…
…their coverage on our Blog. 1. New HKIAC Arbitration Rules and the Prominence of Hong Kong as an Arbitral Seat Hong Kong International Arbitration Centre (“HKIAC“) introduced its new Administered…
…for binding arbitration “in accordance with the arbitration rules of the American Arbitration Association.” Rule 6 of the Commercial Arbitration Rules of the AAA has a competence-competence provision, stating the…
…trade agreement and the CPTPP. A range of concerns about ISDS emerged during these processes, including scope for developing appellate mechanisms, codes of ethics, and rules on precedent. The scrutiny…
…7.2(b); 2010 UNCITRAL Rules, Art. 6(4). through the Most Favoured Nation (MFN) clause to designate an appointing authority in an arbitration conducted under different rules. By doing so, the PCA…
…Article 47, seems to be timely. This post will look into the wording of Article 47 of the ICSID Convention, the current Rules 39 of the ICSID Arbitration Rules, as…
