…the Court declared that an expert report, incorporating irregular evidence, may be covered by a tutela in any case, in so far as the evidence had an impact on the…
…of any authoritative ruling by the Supreme Court of India. This article aims to conduct a comparative analysis of various national systems as well as international rules and arbitral institutions…
…was the Supervisory Board, who actively participated in the development of the TIAC Rules of Arbitration (“TIAC Rules”), and it was upon their recommendation we formed a completely autonomous body…
…be considered in determining whether an action may constitute either direct or indirect expropriation. Non-discriminatory regulatory taking, aimed at protecting public welfare objectives, shall not be considered to be indirect…
…are governed by the London Court of Arbitration Rules (LCIA Rules), with English Law governing the gold swap agreement. Consolidation of disputes is applicable when a related dispute arises before…
…represented by attorneys from the Attorney General’s Office ‘as required by [its] domestic law’” and further added that “evidence on record did not justify a change in the status quo”…
…on expert evidence. However, there is limited guidance for how the examination of experts should be carried out, with broad discretion given to the Tribunal to determine how the testimony…
…and widely used tool for lawyers and arbitrators in the near future – not just in legal research, but also in document disclosure and with expert evidence. With the advancement…
…fully consider whether its claims and causes of action will withstand scrutiny, test the veracity of the available evidence and potentially even have experts do a sense check on quantum…
…of Armenia (“CCIA Arbitration Institution”) under its rules. The CCIA Arbitration Institution is perhaps the most commonly used arbitration institution in Armenia. According to the CCIA Arbitration Institution rules, “[b]y…
…the 2013 rules contained a separate set of expedited rules for claims of limited value in Section II, such expedited rules will be integrated in the main rules. Under the…
…boost the country’s economic development, it must devise a clear policy to avoid disputes with foreign investors. A radical option to stop foreign investors from taking their disputes to international…
…out of mandatory rules. To the extent that mandatory rules reflect public policy they now cast a limit to parties’ lex contractus. Binsy Susan & Adarsh Ramakrishnan, ‘How to…
…and to confusion as to what the main issues are that need to be clarified in the evidence production phase. If the tribunal is not engaged with the issues early…
…to impose rules, procedures, and outcomes. Ms. Weiner explained that her years of experience as an in-house counsel equipped her well for being both a mediator and arbitrator, as in-house…
…rules of international jurisdiction applicable to civil and commercial matters. Even if the Court did not state it expressly, the relevant rules in that case were those in the Brussels…
…UNCITRAL Arbitration Rules, Rule 34(a) of the ICSID Arbitration Rules), as well as the IBA Rules on the Taking of Evidence provide for this alternative and have guidelines for tribunal-appointed…
…core rules on recognition and enforcement of foreign judgements in civil or commercial matters. It will provide greater predictability and certainty in relation to the ‘global circulation’ of foreign judgements….
Introduction In domestic award enforcement proceedings, the U.S. federal Court of Appeals for the Second Circuit (“Second Circuit”) in New York recently reversed a lower federal trial court’s decision to…
…shall recognize arbitral awards as binding and enforce them in accordance with the rules of procedure of the territory where the award is relied upon, under the conditions laid down…
…its contents as well as the position of the European Union. Tilman Niedermaier contributes on the new DIS Rules in his article called “Hello, DIS Rules 2018,” in which he…
…at advancing women and minorities at law firms). The panel agreed as to how both rules had been effective and that there is a need for a similar initiative in…
…Procedure (or the Rules of Court), thereby allowing arbitrators and parties to determine the rules of procedure for the conduct of arbitration. It will be interesting to see how India-seated…
…LCIA Arbitration Rules), ICC (Article 41 of ICC Arbitration Rules), SCC (Article 52 of SCC Arbitration Rules), DIS (Article 4 of DIS Arbitration Rules), SCAI (Article 32 of Swiss Rules…
