…the SIAC Arbitration Rules 2016, Rule 33 of the SIAC Arbitration Rules 2013, Rule 33 of the SIAC Arbitration Rules 2010, and Rule 35 of the SIAC Arbitration Rules 2007…
…as: Should the Tribunal require the parties to include a list of issues in dispute at the outset of the arbitration (as required, e.g., under the ICC Rules) and/or indicate…
In October 2023, the Law 14,711/2023 was sanctioned, aimed to establish new rules on foreclosures, seizures, mortgages, and transfers of properties to settle debts, by amending certain sections of Law…
…are submitted by parties as evidence. The SCIA procedural rules were also amended to endorse the use of the SMART Arb system and the SCIA deducts 28% of its service…
…Kang used a fraud case study to underline the important role of evidence rules in arbitration, emphasizing how evidence handling can influence case outcomes. She pointed out the unique challenges…
…The Swiss Supreme Court affirmed that the Swiss rules on state immunity apply to all arbitral awards, including ICSID awards, and that these rules require that the award’s underlying relationship…
…rules in the International Skating Union (“ISU”) regulations (“Eligibility Rules”) punishing skater members for competing in unauthorized events offended against EU competition law (Art. 101 TFEU). But, contrary to the…
…Resolution, 2019), and while there is no universally accepted criterion of what a general principle of law is, it is commonly understood as: “[t]hose rules on which there is international…
…its analysis, confirming that there are no legal provisions under Bulgarian law that impose any restrictions or require the assignment of an arbitration agreement to follow specific rules that are…
…a seat for international arbitration. In addition, the revised AFSA International Arbitration Rules of 2021, aimed at leveraging best practices from renowned institutions such as the International Chamber of Commerce,…
…shift in preference towards the revised 2021 AFSA International Rules. This adoption rate indicates the legal community’s favourable reception to the modernised rules, reinforcing AFSA’s status and South Africa in…
…Ms. Mehranvar noted that these observations underscore a concerning trend where countries with greater influence in the creation of the ISDS regime are once again re-writing the (asymmetric) rules, paving…
…proceedings, under the rules of the ICC, before a sole Arbitrator, in an abbreviated procedure, in which it demanded the restitution of the paid advance balance, plus interest, and costs….
…with the rules of public policy and notably mandatory rules of French public law (lois de police). However, it seems unclear whether in SMAC v Ryanair, the Conseil d’Etat applied…
…concluded which has been criticized by many European companies and governments. Nonetheless, she stressed the point that they contain important innovations with regard to CSR rules, climate change and the…
…themselves in a precarious balancing act: on one hand, they must provide a degree of predictability and security to investors who, understandably, seek stability and clear rules; on the other…
…the Qatari Appeal Court answered the question in the negative, refusing to set aside an award rendered under the rules of the Qatar International Center for Conciliation and Arbitration (QICCA)…
…the impact of sanctions on insurance policies is often overlooked. Challenge 2: Anticipating and preventing the risk. For now, most arbitral institutions lack specific rules that handle sanctions, which implies…
…of procedural mechanisms such as consolidation and joinder. Even if arbitration institutional rules may have specific requirements, the use of joinder is meant to allow a third-party to join an…
…rule on these issues comes from – normally this power comes directly from the applicable lex arbitri, arbitration rules or the arbitration agreement. Put differently, the arbitrators have clear statutory…
…and the modernisation of arbitration rules. Nonetheless, each CA country is unique in its approach to regulatory reform and thus, each particular approach is specific to the country. Central…
…rules require disclosure of all circumstances that might raise a reasonable or justifiable doubt as to the prospective arbitrator’s independence and impartiality. For instance, article 11 of the ICC Arbitration…
…under the applicable rules allowing arbitration institution to temporarily assume the costs of arbitration or otherwise mitigating the burden of their payment, if available, or – with the involvement of…
…for Spain to rely on internal EU rules to avoid paying its award debt. Replying to Prof. Bermann’s remarks, Mr Kuplewatzky drew a distinction between the CETA tribunal, which applies…
