…for a sufficiently long period of time without adequate compensation, investors could have a claim for unlawful indirect expropriation. As more countries follow Spain’s lead in taking control of private…
…ICC Rules with seat in the ADGM (the “Arbitration Agreement”). This Arbitration Agreement was the result of the exercise by A3 of a unilateral option to amend the underlying terms…
…law. According to the DIFCCFI, pursuant to the conflict of laws rules applicable in the DIFC (which draw in general on the English conflict of laws rules), “[a] foreign judgment…
…similarly amended their rules so that videoconferencing can be accommodated. For example, Article 24(2) of the Korean Commercial Arbitration Board (“KCAB”) International Arbitration Rules 2016 expressly permits hearings and meetings…
…simply not there. The procedural rules usually applicable to investment arbitrations – such the ICSID Convention and ICSID Arbitration Rules, the UNCITRAL Arbitration Rules 1976, 2010, and 2013 – similarly…
…and (ii) IBA Rules. ↑2 Based on Arts. 3.3(b) and 9.2(a) IBA Rules. ↑3 Based on Art. 3.3(c)(i) and (ii) IBA Rules. ↑4 Based on Art. 3.5 IBA Rules. ↑5…
…Key Sticking Points Under Rule 1 of the ICSID Arbitration Rules, the next step is to proceed with the constitution of the Arbitral Tribunal. However, it is likely that the…
…the award, within three months from the date of the establishment of facts constituting a ground for revising the award, unless another timeline is established by the rules or agreement…
…US Embassy in Kabul. That year, CLDP supported three teams (consisting of twenty students) that participated in the Afghan Pre-Moot by taking them to the 5th Vis Middle East Pre-Moot…
…threshold. Whether it is met will ultimately turn on an assessment of the measures adopted, by reference to the information available at the time, and taking account of the whole…
…freely select their desired representatives is embedded in the foundational principle of party autonomy. In Nigeria, a literal interpretation of the national arbitration rules prevents parties from selecting persons not…
…Nevertheless, the investment contract framework differs in many respects from the investment treaty one. One of the most prominent differences is related to the applicable rules of interpretation. This casts…
…side as well as evidence that the investor had no real assets in support of a request for security for costs. The arbitral tribunal rejected the reasons invoked by Bolivia…
…the drafting of the 1958 New York Convention: Nothing has proven to be as divergent as the rules of procedure. Imposing uniform rules would deter many States from signing the…
…the capacity for selection processes to result in the appointment of independent and impartial adjudicators also exist in domestic and even international courts. There is no irrefutable evidence that international…
…Article V of the New York Convention; and the role of domestic courts in relation to awards contrary to mandatory rules of law and essential public policies (Report, §80). In…
…Arbitration Club’s Code of Best Practices in Arbitration here). Discretionary Rules: The 2013 IBA Guidelines on Party Representation in International Arbitration The 2013 IBA Guidelines on Party Representation in…
Late last year, Herbert Smith Freehills Seoul and Kim & Chang held a “Women in Arbitration” Networking-Dinner and panel discussion as part of the Seoul ADR Festival 2019. The dinner…
…protection are provided for in Article 4, depart from the traditional Fair & Equitable Standard, preclude either nation from taking measures that constitute denial of justice, breach of due process,…
…evidence through video-conference” rather than attending oral hearings in person, when appropriate (for arbitrators and mediators); vi) to “be mindful that email has a carbon footprint”; vii) to “avoid traveling…
…indirect expropriation claims. Brazil believes that rules on indirect expropriation open the gates for abusive claims by foreign investors that limit a State’s capacity to adopt regulatory measures to pursue…
…courts’ approach. This post aims to give a summary of the discussions held in this session. Enforceability of interim reliefs and emergency measures under the applicable rules Prof. Dr….
…not proceed, and as a supra-national means of holding states to account, it is an important tool in promoting free, fair, and rules-based international trade and commerce. Furthermore, present concerns…
…appear in the arbitration proceedings, though they were notified according to the ICAC Rules and the Law of Ukraine on International Commercial Arbitration (Law on ICA) that in its totality…
