…provide for this and the appointment procedures of many institutional and ad hoc rules permit party appointment or nomination. Large numbers of users of arbitration favour party appointments and it…
In August 2017, the Hong Kong International Arbitration Centre (“HKIAC”) launched a rules revision process to consider amendments to the 2013 HKIAC Administered Arbitration Rules (“2013 Rules”), having regard to…
…the new Uniform Act on Arbitration Law, the revised Arbitration Rules of the Common Court of Justice and Arbitration (CCJA) and a new Uniform Act on Mediation. These developments are…
…ICSID, LCIA, SCC, CRCICA and UNCITRAL arbitration rules. Further to her counsel work, she has acted as administrative secretary to arbitral tribunals, both in commercial and in investment arbitrations. She…
…the government procurement markets. Chile is the latest State to enter into a PPA with Brazil, which provides rules for the mutual increase in the participation of Chilean and Brazilian…
…are an undesirable straitjacket forcing the arbitral tribunal to determine the applicable law according to rigid and complicated rules and thus hindering it from considering whatever rules it deems appropriate….
…It was under this context that the UNCITRAL Rules on Transparency in Treaty-based investor-State Arbitration (“UNCITRAL Transparency Rules”) sought to clarify the extent of confidentiality and transparency in investment arbitration….
…to note that under general rules of contract law, consideration should be present, but need not be adequate … the unequal position[s] of the parties, including presumably the imbalanced consideration,…
…The commonly used procedure for document production, as set forth by the 2010 International Bar Association Rules on the Taking of Evidence in International Arbitration, includes the following steps: •…
…the future amendments to the ICSID Arbitration Rules and Spain’s renewable energy cases. During the conference, a debate about the applicability of the International Law Commission’s Articles on State Responsibility…
…era. Moving Forward In order for users to rely on this, it will again be necessary for institutions and legislators to adapt rules and laws. First, the New York Convention…
…Law in Africa (OHADA) revised its UAA and adopted a new Uniform Act on Mediation (UAM), along with a fresh set of arbitration rules of the Common Court of Justice…
…to Swiss law and contained an arbitration clause in favour of Swiss Rules arbitration in Zurich. The Engagement Letter concerning the ICC arbitration against D GmbH provided for different remuneration…
…contribute to international thought leadership in this area, it cannot afford to adopt ‘wait-andsee’ approach for the rules to be imposed internationally. First, being ethics agnostic is not the Singapore…
…rules but was administered by a secretariat semi-independent of that of the head office of CIETAC in Beijing. On May 1, 2012 CIETAC launched its 2012 edition of arbitration rules….
…rules and enforceability of mediated settlement agreements. In “What have the robots ever done for us?”, Charlie Woods draws on a speech given by Adair Turner earlier this year on…
…comprising leading international experts and flexible rules of representation for foreign lawyers, such as the SICC and the DIFCC, not to mention, to the international arbitration. Moreover, the Chinese Civil…
…called for special rules that are more compatible with procedural laws and arbitration practices in Hong Kong. Chapter VI was introduced in the CIETAC Arbitration Rules 2015 (the “Rules”), which…
…“the specific text” of the waiver, the applicable rules and law. Similarly, even the Report of the International Commercial Disputes Committee of the New York City Bar Association simply states…
…rules around funding, let alone disclosure. However, in Brazil, the CAM-CCBC (Brazil Canada Chamber of Commerce), a leading arbitral centre, issued guidelines in July 2016 recommending the disclosure of funding…
…of the LCIA Rules regulates the duty of confidentiality in a well-defined manner. The UNCITRAL Arbitration Rules do not mention the subject, although article 34.5 seems to recognize an implicit…
…new rules, this post is overview of the court practice from the past nine months and it will highlight the most noteworthy cases. The Enforcement of Arbitration Agreements Ukrainian courts…
…competing considerations – discouraging unscrupulous defendants by upholding strict rules of procedure, versus preventing procedural provisions of law from defeating substantive rights. The SC eventually ruled in favor of the…
…mandatory rules not only for transactions involving individual “consumers” in the narrower sense used abroad, but also (indeed increasingly) for business-to-business transactions. Yet there is little legislative and even case…
