…Rules The Rules are broadly similar in content and structure to those of the leading arbitral institutions such as the rules of the LCIA and the HKIAC, in that they…
…deal with the issue (ICSID Case No. ARB/98/2, Décision sur les Mesures Conservatoires sollicitées par les Parties, 25 September 2001, ¶85). The same can be said of the rules governing…
…of such inquiries, several of which remain yet to be examined from a Swedish viewpoint. As of today, there are no laws or mandatory rules in Sweden regulating TPF and,…
…step towards enhancing the status of international arbitration in Argentina. The Model Law is considered to embody the most widely accepted and highly regarded rules of arbitration practice and principles;…
…due process and therefore infringe public policy” [ROJ:STSJ M 11066/2017-ECLI:ES:TSJM:2017:11066]. Assessment The TSJM’s reasoning and conclusions are unfortunate and depart from mainstream arbitration rules and practice. Article 25 SAL…
…proceedings. Such rules remain applicable to local arbitration proceedings due to the dualistic nature of the Chilean arbitration system: on the one hand, domestic arbitration governed by general rules and,…
…measures set forth in the Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration, available on the ICC website. In turn,…
…documents from the opposing party during the document production phase. Based on international best practice as embodied in the IBA Rules on the Taking of Evidence in Arbitration, document requests…
…One area where the Arbitration Act departs from the Model Law (and many other jurisdictions) is with respect to the remedies available to a party where a tribunal rules, as…
…the majority of cases English law is still accepted regardless of the rules/seat outcome; so for example, English governing law with SIAC rules is not an uncommon end position. On…
…Afterthoughts for State-Owned Enterprises Involved In Commercial Arbitrations State-owned enterprises are generally circumscribed to a pre-defined set of rules and public servants are urged to meticulously comply with such defined…
…Commission Arbitration Rules (“Rules”), after the acceptance of a case by the BAC and before the constitution of the arbitral tribunal, any party that wishes to apply for interim measures…
…a short period of time. One example is the ICC Dispute Board Rules, where arbitration clauses have been particularly designed to envisage this two-tier adjudication, as complemented by friendly arbitration…
…unsatisfactory result by expressly providing for confidentiality in their arbitration agreement or adopting arbitration rules that deal with confidentiality. Further, the parties could potentially bypass this issue by selecting a…
…Commercial diplomacy, like mediation and conciliation, consists of some core stages and competencies albeit it is not subject to mediation or conciliation rules nor does one need certified mediators or…
…driven and most institutional rules as well as soft law rules such as the IBA Rules on Taking of Evidence in International Arbitration (“IBA Rules”) allow for creative and liberal…
…have begun to adopt these procedures.8) See, e.g., Article 39 of the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce; Rule 29 of the SIAC (Singapore) Rules;…
…rather than the Prague Rules. The Prague Rules contain some controversial provisions with regard to the role of the tribunal in finding facts. Article 2.3 of the Prague Rules reads:…
…Prague Rules: Competitor, Alternative or Addition to the IBA Rules on the Taking of Evidence in International Arbitration? Duarte G. HENRIQUES presents the Prague Rules, a new set of guidelines…
…objectives on the other. African States adapt international investment rules to their context, needs and realities and at the same time are pioneers in standard-setting activity in international investment protection….
…to the agreement has correlative rights, i.e., the ‘right to arbitrate’ and the ‘right not to be sued’. When the parties to an international arbitration agreement select the arbitration rules,…
Five years after filing the Permanent Court of Arbitration (PCA) Case No. 2013-32 under the European Development Fund Arbitration Rules (EDF Rules), the claimant, Consta JV (an Italian contractor), would…
…of the 2016 SIAC Rules, Article 10 of the 2017 ICC Rules, Article 15 of the 2017 SCC Rules, and Article 22(ix) and (x) of the 2014 LCIA Rules). It…
…are not fixed as rules of thumb, but may lead to an excessive fear of the sole arbitrator and to overlook its advantages in certain circumstances. Although opting for a…
