…on time and cost efficiency. This approach is enshrined in the four principles of its Rules. The institution issued its first arbitral award conducted under its Rules last year. …
…and many more refer to the conflict of jurisdiction rules that are regulated by Civil Procedure Codes, Acts and Regulations. There are a number of reasons for which parties initiate…
…the new 2018 HKIAC Administered Arbitration Rules coming into force on 1 November 2018 contains such disclosure rules. Under Rule 24(l) of the SIAC Investment Arbitration Rules, the Tribunal has…
…arbitrations is the absence of rules on how arbitrators have to conduct procedures in line with the standards of fairness and impartiality. By failing to issue awards in a timely…
…consider jurisdictional issues under the ICSID Rules, remarking that it would have seen fit to consider the intra-EU issue, even if Germany had not raised the objection. Recently, a tribunal…
…Prague Rules could be revised to complement the IBA Rules this way, or the IBA Rules could be revised to offer a “Prague Option”, among others, for parties and tribunals…
…rights through hard law instruments, such as bilateral investment treaties and investment rules in free trade agreements, and have access to a system of investor-state dispute settlement, there are no…
…in most arbitral rules. As a consequence, it can be unclear whether a withdrawal is without prejudice or with prejudice (i.e., a ‘waiver’ of the claims). Also, it is questionable…
…gaps. Leaving aside the above discussion that is based on the purposes of the IBA Rules and the Prague Rules, there are numerous similarities between them. Both rules leave the…
I. Introduction Despite the fact that commercial arbitration has experienced a huge development in Brazil in the last years and a general favorable approach by Brazilian courts, there are fields…
…and that the foreign court/arbitration tribunal which passed it is competent in accordance with the international rules of jurisdiction set down in the laws thereof; 2) the litigants to the…
…York, administered by the American Arbitration Association (AAA) under the AAA’s Commercial Arbitration Rules and governed by New York law. Iconix commenced arbitration according to this provision. The arbitration clause…
…in 1996. Senior lawyers have also reported a reluctance by some to entertain security for costs applications, even though the powers have been written into LCIA Arbitration Rules since 1998….
…the clause itself is certainly to be applauded. No Duplication of the Rules on Joinder As the 1998 ICC Rules did not include provisions for joinder and multi-party scenarios, the…
…relating to bonus, quality and penalty payments arose in 1999 between Coal India and White Industries. The latter commenced arbitration under the ICC Arbitration Rules and secured an award in…
…the Claimant, unless the parties agree otherwise. (Section 14, para 2). Consolidation of arbitrations While modern rules of arbitration, such as the SCC 2017 Rules, provide for consolidation and…
…that the default rule in UNCITRAL remains one of confidentiality, as most treaties that are still being heard were completed before the 2013 Rules of Transparency came into effect. In…
…professionalism of arbitrators. He noted that sometimes this comes with the arbitral procedure being standardized, when arbitrators systematically reproduce procedural rules like including document production rules when the parties have…
…that is entitled to administer disputes under the ICC Rules. The reference to the ICC Rules is, therefore, sufficient to stipulate the dispute resolution procedure without any ambiguity. Furthermore, there…
…Does CAJAC have its own arbitration rules as yet? If not, when if at all, will the CAJAC rules be issued? Currently, each of the centres have their own international…
…protections and internal rules and codes for lawyers regarding the protection of client data. Legal advisors are often best placed to assess the nature of the information that will be…
…AI. This approach, if considered and adopted, would have been in sync with what most prominent AI do globally (for example, see Rule 39 – Confidentiality of SIAC Rules and…
…rules upon, having to limit its decision to any violations of Brazilian federal legislation. . The 1st Instance Judge set aside the Award for the violation of the parties’ right…
…the tribunal rules as a preliminary question that it has jurisdiction, request the competent court to review and make its own determination on the matter. Furthermore, consistent to the Model…
