…State aid rules to this situation, at least with respect to the pre-accession period. The General Court’s decision can be appealed before the Court of Justice. Background In 2005,…
…imposed (see ICSID Convention Art. 47; ICSID Arbitration Rule 39). The same is true of the ICSID Additional Facility Rules and UNCITRAL Arbitration Rules (see ICSID Additional Facility Arbitration Rule…
…particularly if the new rules providing for expedited procedures are adopted. While these statistics show the growth of private-public arbitration, they do not shed much light on the procedural and…
…been a CIETAC office that declared its independence in 2012. The SCIA’s investment rules make Hong Kong the default seat and its arbitrator list includes Hong Kong practitioners, who are…
…the traditional investor-state dispute resolution clause in favour of ICSID arbitration, or ad-hoc arbitration under the UNCITRAL Rules, along with chapters on arbitration of trade disputes and international commercial arbitration…
…treaties, paving the way with progressive rules on sustainable development and gender empowerment. The 2019 Dutch Model BIT is a refined version of the initial draft that the Dutch Ministry…
…a foreign arbitral award rendered by a sole arbitrator under the rules of the Korean Commercial Arbitration Board (“KCAB”). The decision reflects an increasing trend of Chinese courts enforcing foreign…
…a very limited group of fundamental rules and not all mandatory provisions of Greek law) and (ii) dynamic (meaning that the perimeter of such fundamental rules varies from time to…
…as the parties’ ability to choose their own rules of procedure is concerned. I grew up wanting a career that was “international”. I did not quite know what form that…
…a BoD resolution; and ● any amendments to the New DIAC Statute or DIAC Arbitration Rules 2007 (the “DIAC Rules”) are to be prepared in consultation with the BoD, which…
…Harmonization of Business Law in Africa (OHADA), which notably adopted a revised version of its arbitration rules in November 2017. The Moroccan comeback to the African Union in 2017, after…
…(ICSID Case No. ARB/03/9), and National Grid plc v. the Argentine Republic (case under UNCITRAL rules) . The arbitral awards in these cases had established various compensation amounts in favor…
…and BITs, Ira Ryk-Lakhman (London) argued for continuity across both legal regimes. Her main proposition was that the investment treaty provisions do in fact incorporate certain rules of customary IHL…
…the ICC Rules, which applies from 1 January 2019. This note extends the existing disclosure obligations of arbitrators and prospective arbitrators to “non-parties having an interest in the outcome of…
…arbitral institution’s rules. TIAC has also poised itself to become an important player in the arbitration community: just recently Ms. Bayzakova announced that TIAC would host the world’s first International…
…arbitrators) ruled on hundreds of disputes, sometimes involving particularly fraught points of international law, all this while applying and interpreting the UNCITRAL Rules of arbitration (lightly amended) in ways that…
…a sovereign State as illegal.”6)“London court rules DP World Djibouti contract ‘valid and binding’ – Dubai government”, Reuters, Aug. 2, 2018. “We are not concerned by what the London Arbitral…
Introduction Unlike other pillars of arbitration like recognition-enforcement of foreign awards and independence-impartiality of arbitrators, the Kompetenz-Kompetenz rule is far from a universal standard. Each jurisdiction has a particular rule,…
As the recent launch of the Prague Rules and the discussions at the Paris Arbitration Week 2019 and London International Disputes Week 2019 have shown, discussions around time and cost…
…Law in International Arbitration – The Beginning or the End? The presentation of the Prague Rules on the Efficient Conduct of Proceedings in International Arbitration on 14 December 2018 has…
…As such, two separate sets of rules now apply to the recognition and enforcement of awards in the UAE: Article 55 of the Federal Arbitration Law provides for enforcement of…
…with Guaidó’s government will need to meet a high standard before it is recorded in a consent award, pursuant to Article 33 of the 2017 ICC Arbitration Rules. Article 33…
…will reach strikingly different results on seemingly similar questions. In the absence of clear rules on the admissibility of illegally obtained privileged evidence, a common standard on the admission and…
…against them unless they are adequately represented. This problem stems from the nature of the underlying dispute and arises regardless of the particular dispute resolution method adopted. Procedural rules applicable…
