…instruments: the AfCFTA Agreement, the Protocol on Trade in Goods, the Protocol on Trade in Services, and the Protocol on Rules and Procedures on the Settlement of Disputes (“Protocol on…
…Claimant and Respondent. It supported its stance by noting that the EPIY was not an arbitral institution with its set of arbitration rules. Instead, arbitration that was to be conducted…
…Rules. (See NBC v. Bear Stears & Co., 165 F.3d 184 (2d. Cir. 1999).) First finding that the term “tribunal” was ambiguous, the Second Circuit next considered the legislative history…
…on steps that can be taken to ensure the sanctity of the dispute resolution process? I don’t think there are any precise rules here. It is important to look at…
…AfCFTA. In the preamble to the AfCFTA Agreement, Member States affirm “the need to establish clear, transparent, predictable and mutually-advantageous rules” to govern trade in goods and services and investment…
…Instance Court considered that rules must be interpreted according with their purpose (Article 2, CCCN). Therefore, the arbitration agreement could not be declared void pursuant to Article 1651(d) without contravening…
…arbitration agreement, it also misconstrued the Convention as setting out rigid standards that national courts cannot derogate from, even where more favorable rules are available. However, the Convention in fact…
…in the Creation of Persuasive Precedents Kauffmann-Kohler argues that the more developed a legal system is, the less important is the role of arbitrators in the creation of rules, and…
…action and announced that they had entered into an Interim Appeal Arbitration Arrangement (the “Agreement”). In so doing, both countries reaffirmed their commitment to a rules-based international system supported by…
…for arbitration in Shanghai, which will be conducted in accordance with its Arbitration Rules […]”. The defendants commenced arbitration against the plaintiff pursuant to Article 14.2 and in accordance with…
…Arbitration Rules of the IRENA. Such rules and practices are inconsistent with Oló Baha-monde v. Equatorial Guinea, Communication No. 486/1991, Annex ‘Views (10 November 1993), where the UN Human Rights…
…itself and its instrumentalities) to enter into contracts is recognized by article 175, sole paragraph, I; article 37, XXI of the Brazilian Constitution and other sets of rules that came…
…enforcement proceedings. Angshuman Hazarika & Pieter Van Vaerenbergh, ‘One Rule to Rule Them All’: Rules for Article 25 DSU Arbitration The Appellate Body faces a crisis and risks being…
…launched in The Hague in December 2019. The Rules The Hague Rules on Business and Human Rights Arbitration are based on the UNCITRAL Rules from 2013. The UNCITRAL Rules…
…concerning this issue.2)See e.g. Section 48 of the Swedish Arbitration Act and Article 16.4 of the LCIA Rules. In Portugal, Law 63/2011 established the new legal framework for voluntary arbitration…
…conducted on an ad hoc basis and under institutional rules. Amanda completed her LLB at Aberystwyth University, Wales and her LPC at the University of Law, UK. She is a…
…Evidence in International Arbitration (the “IBA Rules“) were conceived. The application of the IBA Rules does not trump mandatory national rules of evidence. However, as discussed above, most jurisdictions do…
…extend outside the EU, thus turning non-EU economic operators (especially those monitoring/ targeting natural persons in EU with goods/services) into possible addressee of its rules. GDPR’s sanctions reach EUR 20…
…Council stated its goal to align with international dispute resolution rules, improve the arbitration rules of the Shanghai FTZ, and strengthen the internationalisation of commercial arbitration in mainland China. With…
…noted that when determining the validity of foreign-related arbitration agreements pursuant to the applicable law, the Chinese courts have referred to applicable conflict rules and selective conflict rules to make…
…of summary dismissal procedure in its revised Arbitration Rules this autumn, the LCIA could become an even more important forum for banking and financial services disputes in the coming years….
…the rules of law must be “generally accepted on an international, supranational or regional level as a neutral and balanced set of rules”. In the current state of affairs, the…
…and rules in India are rights in personam. It seems clear, therefore, that both the company law in India and the securities law in India arrive at the same conclusion…
…not included on a set of mediation rules into their contract.1)Peter Binder, International Commercial Arbitration and Mediation in UNCITRAL Model Law Jurisdictions (Kluwer Law International, 4th Ed, 2019) at p…
