…shareholder(s)’, a group of persons are treated as controlling shareholders only when they are ‘acting in concert’ (see example Companies Act, Listing Rules and Takeover Code). Proof of concert requires…
…and institutional rules3)For example Article 31 of CAAI Arbitration Rules; Article 21 (3) of ICC Rules of Arbitration; Article 29.2 of ACICA Arbitration Rules; Article 22.4 of LCIA Arbitration Rules;…
…Rules 2018, Art. 1.5. , ICC2) ICC Rules of Arbitration 2017, Art, 29(6)(a) and LCIA3) LCIA Arbitration Rules 2014, Art. 9.14. expressly state that their EA provisions do not apply…
…or rules in order to: (i) prevent the application of less ‘credible’ laws or rules and parties’ benefitting from a more acceptable legal framework; (ii) avoid a particular law or…
…might use idiosyncratic local rules to undermine the broad enforcement goals of the Convention. Nonetheless, they believed this exception to enforcement was a necessary safety valve that would prevent intrusion…
…with assessing the compliance of the award with mandatory rules and public policy of the seat of arbitration or potential places of enforcement of the award to comply with their…
…with UNCITRAL Arbitration Rules and the Arbitration Institute of the Stockholm Chamber of Commerce Arbitration Rules (SCC Rules) shows that the amended rules will allow ICSID to catch up with…
…all, but in some) the civil procedural rules are strictly followed, including the traditional rule that “no one can serve as evidence of their own case”. Hence, general managers, CEOs,…
…was maintained in the revised bill. D. Duty to object immediately to breaches of procedural rules By contrast with the draft bill which was silent on this point, the…
…place under art. 31 of the 2018 Rules relating to the case management conference and under Annex IV of the Rules relating to case management techniques. The former takes place…
…Arbitration on various grounds: (i) a breach of rules of natural justice, (ii) a breach of the arbitration agreement, particularly by unequal treatment, a lack of opportunity to present its…
…Arbitration Rules, Art.15(1) ICC Rules, and in Art.14(1) LCIA Rules. This discretion stems from the principle of party autonomy and the procedural autonomy of arbitrators. It provides for efficiency and…
…fourth arbitration. Two applications were filed by the Appellant under Sections 12(3), 12(5), 13 and 14 of the Act read with the International Centre for Alternative Dispute Resolution Rules 1999,…
…also the day on which the new 2018 HKIAC Administered Arbitration Rules (“2018 Rules“) came into force. The 2018 Rules showcased the latest thinking in arbitration and these amendments –…
…Tang GBM, SBS, QC, SC, JP and Rimsky Yuen GBM, SC, JP. Mr Gearing spoke to a number of positive developments at HKIAC, including the adoption of new rules which…
…Innovation: Improving Institutional Rules as the Answer HKIAC’s Sarah Grimmer then took the floor and introduced the audience to the brand new HKIAC Administered Arbitration Rules, which will come into…
…HKIAC Arbitration Rules (2018 edition) and the SIAC Rules (2016 edition). Mr. Ng considered these powers to be a useful tool that gives comfort to arbitrators that they can summarily…
…Citing serious irregularities in the bankruptcy sale, the respondent challenged the validity of the bankruptcy sale and contended that the rules of attribution operate only for the purposes of establishing…
…will of the parties cannot determine the internationality of the arbitration” (art. 1.4). This limitation is rooted in Uruguay’s restrictive approach to party autonomy under its private international law rules,…
…the decision, which is not a particularity of the arbitral process, since certain judicial court decisions, depending on each country’s rules, are also based on equity and these ones also…
…be conducted in accordance with the UNCITRAL Arbitration Rules or such other arbitration rules as may be prescribed in the rules, regulations and procedures of the ISA, unless the parties…
…relevant arbitral rules or legislation. Others will, perhaps deliberately, leave the appointment structure to those relevant rules and institutions or courts. Under the LCIA Rules (whereby parties nominate rather than…
…they are costly and cause delay. There was, however, one favourable change suggested in the Report – to provide model arbitration rules. Although this was not intended to directly benefit…
…The new Uniform Arbitration Act, the new Rules of Arbitration of the Common Court of Justice and Arbitration (Abidjan) and the new Uniform Mediation Act, adopted by the Council of…
