…amicably settle investment disputes. Interestingly, 9 of the cases (i.e. 69%) were discontinued according to article 43(1) ICSID Arbitration Rules, based on the request of both parties. These findings might…
…Facility Rules. The Working Paper is the fourth in a series of working papers, preceded by Working Papers 1 (August 2018), 2 (March 2019), and 3 (August 2019). The reform…
…turning point in finally bringing online dispute resolution (ODR) to the world of international arbitration. The virus will also affect the way evidence is created, gathered and transmitted. Reliance on…
…submitted evidence, the court considers an annulment procedure to be meritorious, adjourn the outcome so that there is time to await the setting aside proceedings. The delegates did not draft…
…arbitration court may issue measures for the preservation of evidence before a tribunal is constituted. However, this provision only mentions measures relating to the preservation of evidence. For other types…
…example, at an early procedural conference) that such costs may be claimed by the tribunal in question, irrespective of the applicable institutional rules or guidance. An overall appraisal Given…
…one alternative to ICSID arbitration, usually in the form of arbitration under the rules of UNCITRAL, the International Chamber of Commerce, the Stockholm Chamber of Commerce, or the Cairo Regional…
…the presumption that challenges under Section 4 of the FAA are decided by the courts could be overcome if there was ‘clear and unmistakable’ evidence of the intention of the…
…SCC Rules 2010. In 2019, the Svea Court of Appeal dismissed Poland’s challenge to the award (Case No. T 8538-17; T 12033-17). According to the Svea Court of Appeal, the…
…main Rules. This means they are applied in conjunction with the main Rules, so long as there is no direct conflict with the main Rules. The ICDR has managed expedited…
…the Prague Rules, which aim to provide a civil-law oriented alternative to the IBA Rules on the Taking of Evidence in international Arbitration. The criticism about diversity can be understood…
Gender and ethnic inequalities in the workplace have been the norm for decades with no effective measures been taken to address them, despite mounting evidence of discrimination and disadvantage faced…
…Act. failure or impossibility to act,4)Article 14 of the Act. as well as taking of evidence.5)Article 27 of the Act. The revised Armenian Judicial Code which entered into force on…
…are nonetheless taking place in the Italian legal regime and the new CAM Rules represent a welcome step forward to make Italy more attractive as an arbitral seat. Introduction:…
…the parties after taking into account other contractual terms. The Emerging Focus on the Express Choice However, in the recent English Court of Appeal case of Kabab-Ji SAL (Lebanon)…
…should be searched efficiently is also reflected in Article 3.3(a)(ii) of the IBA Rules on the Taking of Evidence in International Arbitration (the “IBA Rules”). Why use predictive coding…
…the Russian Federation (para 4.6.1). The Court holds that Article 26 ECT provides for international arbitration under the UNCITRAL Rules for violations of ECT provisions. It does not accept Russia’s…
…an estoppel arising from unequivocal representations by KFG that the transfer of the rights and obligations under the FDA was valid. Unless KJ could produce evidence to establish such an…
…rules to this situation. This allowed the court to avoid discussing the relationship between EU law and intra-EU investment arbitration, by ruling that “in the present case, the arbitral tribunal…
…guidance should soon be available as the ICCA-IBA Joint Task Force on Data Protection in International Arbitration is expected to issue a Draft Roadmap on data protection in international arbitration…
…that there is a disparity in the approaches of various jurisdictions on issues pertaining to construction contracts, a closer examination would reveal that the niche rules applicable to them are…
…limited force: references to the ‘eyes of the parties’ in the IBA Guidelines and to ‘justifiable doubts’ in the 1976 UNCITRAL Rules demonstrate that the arbitrator’s subjective assessment will be…
…to the UN rules of confidentiality. The Joint Commission would have 15 days to resolve the issue, but can extend that time period by consensus. The JCPOA does not indicate…
…investor-state mediation rules, Frauke Nitschke summarises the latest draft of ICSID’s rules for investor-state mediation, which were published in August 2019. Frauke outlines the scope of these rules and their…
