From the Editors of Kluwer Arbitration Blog: 2019
…Team of The Hague Rules on Business and Human Rights officially launched The Hague Rules at the PCA in The Hague. This is also the time to acknowledge and thank…
…Team of The Hague Rules on Business and Human Rights officially launched The Hague Rules at the PCA in The Hague. This is also the time to acknowledge and thank…
…complexity with a great volume of evidence, witnesses and experts and involve multiple parties with the fragmentation of responsibilities. As such, one of the main concerns of parties involved is…
…the right institution and its procedural rules an increasingly sophisticated exercise. The governing structure, costs and arbitration rules of each institution are factors that affect its suitability to administrate a…
…corporate disputes. Courts were also divided on the subject. To add more confusion, the Polish Commercial Companies Code (‘CCC’) puts in place a number of special rules applicable to corporate…
…actions with respect to any arbitral award issued under the auspices of such institution regardless of the location of the seat of such an arbitration. The Baffling Rules on…
…and to enforce such award in accordance with the rules of procedure applicable in such contracting state. The Steyn arbitral award appears to qualify as a foreign arbitral award, as…
…will be procedurally much more demanding than ordinary civil proceedings. In particular, they include strict cut-off dates for submission of evidence. All supporting evidence will have to be invoked in…
…new rules of arbitration, which will be in force starting in February 2020. Argentina: will positive decisions keep coming with the Fernández administration? While some uncertainty has arisen out of…
…on the immigration and working of aliens (“Certificate”). To be clear, the Amendment is not limited to arbitrations conducted under the THAC or TAI rules. The THAC and the TAI…
…AfCFTA’s Protocol on Rules and Procedures on the Settlement of Disputes. However, it is still unclear what will be the substantive protections and procedural remedies available to investors, as one…
…so under the same national flag but with diverging arbitration rules, organizational frameworks and appointment of arbitrators systems. The distortions resulting from that setting are generally thought to have driven…
…DIFC hosts the DIFC-LCIA, the sister organization of the London Court of International Arbitration (“LCIA”). The DIFC-LCIA Rules are identical to the LCIA Rules bar the default seat being the…
…are co-opted as part of institutional rules. This has been done in respect of the IBA Guidelines by the 2016 Australian Centre for International Commercial Arbitration Rules and the 2016…
…during ILW, taking the view that Achmea is relevant to non-EU enforcement courts when investors seek to enforce intra-EU BIT awards outside of the EU. For example, he noted that…
…Rules of Arbitration, at Art. 38; London Chamber of Commerce Arbitration Rules, at Art. 2 of Appendix III; American Arbitration Association Commercial Arbitration Rules and Mediation Procedures, Administrative Fee Schedules….
…on provisional measures. The majority of public decisions in investor-state disputes were rendered under the ICSID Arbitration Rules, UNCITRAL Arbitration Rules and ICSID Additional Facility rules. Although arbitration rules have…
…uniform interpretation of an instrument of international law. Articles 31-33 are what I refer to as the ‘Vienna Rules on Treaty Interpretation’. They have been created by the drafters as…
…fundamental guidance, as the VCLT regulates cornerstone issues such conclusion, validity, termination and, very importantly, interpretation. Rules of interpretation as per the VCLT have lately become a point of focus…
…evidence witness statements from persons present at the negotiations as a form of ‘supplementary means’ of interpretation under Article 32 of the VCLT. However, such a broad approach to defining…
The Vienna Convention rules for treaty interpretation (VCLT) routinely referred to by all international courts and tribunals are known to be the result of a compromise between different schools of…
…approach (ordinary-plain meaning of the text), the contextual approach, the teleological approach, the relevant rules of international law applicable to the parties, and the negotiating history. This process may be…
…commemorative series. The VCLT: Its History and Development Following World War II, the customary international law rules relevant to the negotiation, validity, and interpretation of treaties had grown to…
…proceed to Conciliation under the rules of UNCITRAL. Notwithstanding the obligation to endeavour to resolve issues amicably, the parties may, by agreement, submit a dispute to arbitration. The glaring omission…
The ICSID reform bells are ringing. ICSID has long been working on its latest rule amendment project, intent on modernising, simplifying and streamlining the ICSID rules also in light of…