…contracts that could give rise to complex disputes with more evidence and complex issues? Catherine: You are right, this is an unexpectedly big difference. But there is an interesting explanation….
…be made based on the special rules in Article 21 and thereafter based on the general rule in Article 19. The Court of Appeal then considered Article 21.1(c) of the…
…same reason (i.e. the absence of live questioning), asynchronous forms of hearing participation are not well-suited for the taking of evidence, such as witness and expert testimony. At least as…
…similar to that described in Paragraph 3.1.5 of the Orange List of the IBA Guidelines on Conflicts of Interest in International Arbitration: “3.1.5 The arbitrator currently serves […] as arbitrator…
…the contrary, the English courts followed the Sulamerica standard applying the English conflict of laws rules, which require to consider (i) whether the parties expressly chose a law governing the…
…of processing personal data, producing documents and evidence in arbitration proceedings would prima facie appear to fall under the exemption laid down under Article 3(2) that of complying with a…
…be disbursed from the insolvency estate once the trustee has been appointed. The domestic rules need to be considered in order to conclusively decide the fate of the intersection, especially…
…in older generation bilateral investment treaties (BITs). Even where those have provided in advance for the option of ICSID (Convention or Additional Facility) Conciliation Rules, investors have rarely invoked them….
…technology; and (ii) enforcement of procedural rules and ethical conduct in cross-examination. On (i), Mr Bang argued that adequate high-speed internet connectivity is not always available and virtual hearing hubs…
…highlighted SIAC’s expedited procedure and early dismissal (see Rules 5 and 29 of the SIAC Rules, 2016, respectively), as successful methods to tackle time and costs issues. Possible Solutions…
…and she is currently a senior partner there. A former member of the task force for the IBA Rules on Taking Evidence in International Arbitration, she is currently a member…
…[2014] at 3106. We illustrate this below with Singapore and Korea as examples. Further, institutional rules tackle the issue differently. For example, in SIAC 2016 Rules, Rule 32.9 provides that…
…achieved during EU membership, the EU seeks to uphold “common high standards” on competition policy, trade and labour protections and environmental standards, proposing EU rules as “reference points”. Were the…
…an application under section 27 of the LCIA Rules 1998 (“the Rules”) seeking clarification from the Tribunal as regards to what was meant by “ICRA OC”. The LCIA’s position was…
…Tribunal. The provision under the contemporary set of rules, i.e., the ICC Rules 1998 also purported to achieve the same effect. In fact, Article 34 of the ICC Rules 1998…
…that we are. Theresa: Thank you Kiran and Mary for the valuable advice. I am certainly taking note myself! Over the one year I spent on our Blog’s editorial team,…
…European Union have moved towards stricter FDI rules. In all of these cases, security concerns and, in particular, the need to protect cutting-edge technologies against theft and prevent foreign control…
…Edition, Informa Law from Routledge 2019), 397 pages ISBN 978-1-138-67473-8. Two comprehensive commentaries on the IBA Rules on the Taking of Evidence in International Arbitration (‘the IBA Rules’) were published…
…interpretation under institutional rules and legislative acts (so-called “slip rules” such as Article 35 of the 2012 ICC Rules and Article 57 Arbitration Act), the latter is impermissible according to…
…online depositories becoming preferred methods for filing evidence and with tribunals issuing awards by email often bearing electronic signatures. The exception has always been the hearing, the default being an…
…facilities, recording equipment, clear rules, language diversity, case management, and neutrality. Respondents further reiterated on a list of facilities that an African centre should provide as an international arbitration centre….
…to Swiss state courts for interim relief or the taking of evidence in support of foreign arbitrations. This new provision has the clear benefit of sidestepping the burdensome path of…
…acknowledged the contribution and initiatives taken by Lucy Greenwood to raise consciousness within the arbitration community which have been instrumental in effecting change. Taking a slightly different approach, Ms. Gowree…
…to enforcement of award because of VHs. Article 19 of the LCIA rules straightforwardly grants the arbitral tribunal the power to decide upon the form of the hearing: “… a…
