…not merely the venue) of the arbitration (at [65]–[69] and [91]–[93]); (ii) there having been a choice of the seat, Rule 18.1 of the SIAC Rules 2013, which provides that…
…judicial decisions and opinions rendered by the most preeminent scholars may be used as a “subsidiary means for the determination of rules of law.” (Emphasis added.) It is possible to…
…specific treaty and the UNCITRAL Rules, the nationality requirement must be fulfilled, first, at the moment the notice of arbitration is received by the respondent and, second, at the date…
…c. Iura novit curiae. 4 – Prague Rules. An arbitrator who insists on the tribunal’s right to inject its own legal arguments, even if not raised by the parties, is…
…an arbitral tribunal will have to pronounce on them in due course. Taking a practical perspective, Mr Samar Abbas, of 39 Essex Chambers, focused on how expert evidence can play…
…as a result of the change of the rules governing CELs in Mexico: Saturation of CELs in the market; Decrease of the price of clean energy (i.e. CELs); Devaluation of…
…adequate for the purposes of Environmental Impact Assessment rules.” Moreover, the company has emphasized that it was not TA that came to the conclusion that the details of the project…
…2019 Australia is rapidly gaining ground as an attractive seat for international arbitration, particularly within the Asia-Pacific region. The last financial year saw Australia’s Courts taking steps towards further supporting…
…release of new DIAC Rules, a revision process that many feel is overdue as the current DIAC Rules have been in place since 2007. It will be interesting to see…
…be settled” in the light of the case law of English and U.S. courts. Lorenz RAESS, Challenging Court Assistance in the Taking of Evidence in International Arbitration – the…
…in its procedural rules overhaul, the International Centre for Settlement of Investment Disputes (“ICSID”) Secretariat released the third Working Paper on Proposals for the ICSID Arbitration Rules Amendments in late…
…issuing such a request may nominate such an arbitrator, subject to such nomination not being in contravention of IBA Guidelines on Conflict of Interest.” The incorporation of such a clause…
…requires further discussion and individual agreement amongst the Member States”. Finland, Luxembourg, Malta, Slovenia, and Sweden refrained from taking any position. The Commission is of the view that the investor-state…
…Arbitration (Additional Facility) Rules (“Arbitration Rules”)? Did Mozambique waive its right to raise such a jurisdictional objection, in accordance with the Articles 33 and 34 Arbitration Rules? Despite such delay,…
…formation of the ACIC (the “ACIC Rules”), the ACIC launched its own arbitration rules designed for cost and regulations on organization. The ACIC Rules now consist of Rules of Arbitration,…
…changes should be made fairly, non-retroactively, consistently and predictably, taking into account the circumstances of the investment. The Energy Charter Conference endorsed in 2017 the best practices in regulatory reform…
…willingness to be bound by the arbitration agreement. Based on the tribunal’s findings, the Supreme Court found that (i) there was no evidence of Libya’s repeated interference in the agreement…
…reforms this year. In particular, in July Papua New Guinea (“PNG”) acceded to the New York Convention, with the Convention taking effect for PNG from October 2019. That State has…
…UK Prague Rules 3. Swearing! Match the oath with the place or rules. a. Witnesses must swear an oath to tell the truth b. Arbitrators must swear an…
…allows oral evidence to be given in English, and eliminates the previously existing risk of duplicate proceedings by way of disallowing parallel litigation once the arbitration has begun. b)…
…the rules of the Dispute Settlement Organ and not by the draft protocol. The Path Towards a Comprehensive OIC Dispute Resolution Mechanism In the upcoming months, the 57 OIC…
…of conduct should ensure certain rules of behavior. On the other hand, the basic guarantees for judges must be met, as for example immunity and rules to exclude any kind…
…Rules (“ICDR Rules”). Instead, the District Court held that because the Emergency Award was not a final award, the District Court lacked subject matter jurisdiction and dismissed the case. Al…
…in their supply chains and development projects.” “What” … about the rules The Rules are based on the UNCITRAL Arbitration Rules. The Rules are also accompanied by elaborate commentary….
