Should Arbitration Agreements Contain Fixed Deadlines?
…set in Article 31 of the ICC Rules. These types of flexible time limits impose a certain pressure on the arbitral tribunal, but do not ultimately ensure the speedy resolution…
Search Results for: prague rules
KluwerArbitration ITA Arbitration Report, Volume No. XXI, Issue No. 12 (December 2023)
…award rendered under the arbitration rules of the 1996 Arbitration Act of the United Kingdom, dismissing allegations of violation of Chilean public policy, based on the existence of parallel proceedings…
McConnell v. Advantest America, Inc. – California Court of Appeal Finds Subpoena of Nonparties for Production/Appearance at Discovery Hearing Exceeds Arbitrator’s Power
…the full scope of discovery under California rules in their arbitration agreement. Therefore, the Court found the arbitrator’s order for compliance with the subpoenas exceeded his power and vacated the…
Asymmetrical Avenues for Annulment – The Continuing Controversy over the Setting Aside of Negative Jurisdictional Decisions
…principle be remedied through the constitution of a new tribunal (comp. Rule 74(1) of the ICSID Arbitration Rules). On a more fundamental level, the Advocate-General argued that the principle of…
CRCICA Launches New Arbitration Rules 2024
…the document. Similar to the 2011 Rules, the 2024 Rules continue to be loosely based on the UNCITRAL Arbitration Rules, as revised in 2010 (amended in 2013 and 2021), which…
2023 in Review, Arbitration Act, Cryptocurrency, Expropriation, HK Arbitration Week, Hong Kong, Intellectual Property, Interim measures, ISDS, Japan, Korea, Kyrgyzstan, PRC, Renewable energy, Sovereign Immunity, Tajikistan, Technology, Third party funding, Turkmenistan, Uzbekistan
2023 Year in Review: Trends and Developments in East and Central Asia
…covered shifts within arbitration-related laws and examined novelties in institutional rules, offering insights into the evolving landscape of international arbitration in East and Central Asia. In September 2023, the People’s…
Tendencies in Investment Arbitration in Latin America: Current Issues and Challenges
…that the ICSID made public consultations on its new rules, allowing all stakeholders to comment on the amendments. He also praised the balance achieved by the rules taking into consideration…
Interviews with Our Editors: South Africa in the Spotlight with Svetlana Vasileva-Stratenwerth, Secretary General at the Arbitration Foundation of Southern Africa (AFSA) International
…How have these updated rules impacted AFSA’s caseload and its appeal as a preferred arbitral institution, both domestically and internationally? AFSA International’s newly revised rules have impacted our caseload and…
Brazilian Bill No. 2.925 of 2023: The Publicity of Class Arbitrations involving Corporations, its Investors, Officers and Major Stakeholders
…adopt a set of institutional rules that provides for secrecy. If that is the case, such provision shall be observed by the judicial authorities hearing any enforcement actions on the…
2023 in Review, AIAC, Arbitrability, Arbitration Institutions and Rules, Confidentiality, Enforcement, Indonesia, Malaysia, Philippines, SIAC, SIAC Symposium 2023, Singapore, Thai Arbitration Institute, Thailand, Timor-Leste, VIAC, Vietnam
2023 Year in Review: Southeast Asia
…the opportunity to update their arbitral rules to respond to the evolving needs of international arbitration users. The Asian International Arbitration Centre (AIAC) revised both its standard Arbitration Rules as…
2023 in Review: Commercial Arbitration Highlights in Latin America
…rules on emergency arbitration, which were incorporated into the 2021 National Arbitration Rules. The amended rules came into effect on September 1, 2023 and constitute an unprecedented landmark in the…
2023 in Review, Anti-suit injunction, Artificial Intelligence, Australia, Australian Arbitration Week, Climate change, Commercial Arbitration, Fiji, Interim measures, Investment Arbitration, New Zealand, Pacific Islands, State Immunity
2023 Year in Review: Australia, New Zealand and the Pacific Islands
…contract. The plaintiff argued that the arbitration clause in the contract, which provided for SIAC Rules, was also repudiated. The Court granted the defendant’s stay application, referring to the principles…
International arbitration, International Award, Investment Disputes, Investment protection, Taxation
Duel of the Giants: Global Minimum Tax v Global Investment Regime
…P2 Model Rules. P2 operates via an interlocking mechanism consisting of three rules: (1) Qualified Domestic Minimum Top-Up Tax (QDMTT); (2) Income Inclusion Rule (IIR); and (3) Undertaxed Profits Rule…
Security for Costs Against (Non-Sanctioned) Russian Claimants? – An Overview Under the Vienna Rules
…in Russia may be displayed by recent decisions of the Russian state commercial courts (so-called arbitrazh courts). Requirements Under Art 33(6) Vienna Rules Art 33(6) Vienna Rules contains an…
The Contents of Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, Volume 89, Issue 4 (2023)
In this issue, Romesh Weeramantry considers whether the rules of interpretation in the Vienna Convention on the Law of Treaties (VCLT) remain fully fit for purpose, particularly in investment treaty…
The CIETAC Arbitration Rules 2024 Comes Into Force
On 1 January 2024, the new version of the China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules (2024 Rules) came into force. The 2024 Rules apply to CIETAC…
Young Arbitrators Sweden (YAS) Arbitration Day 2023 Recap: Celebrating 20 Years of Innovation and the Advantages of the Odd “Loose Cannon”
…and procedural rules. Although not quite “ready-to-send”, AI is famously continuously improving. Moreover, given the anecdotal preference for editing text rather than starting from scratch, the results are often “ready-to-use”….
Recent Decision of the General Assembly of the Dubai Court of Cassation Brings the Consequences of Non-payment of Arbitration Costs in DIAC Arbitration in Line with International Best Practice: Long Live the General Assembly!
…arbitral proceedings in a Dubai-seated arbitration governed by the Dubai International Arbitration Center (DIAC) Rules of Arbitration. This, in turn, triggered the competence of the Dubai Courts by virtue of…
CAM-CCBC Arbitration Congress X Edition: the Today and Tomorrow of Arbitration
…Congress also officially launched the CAM-CCBC’s Corporate Arbitration Rules, which will be addressed below. Opening Remarks Mr. Fonseca opened the Congress thanking the audience for the opportunity of launching his…
The Double Hatting Paradox in Investment Arbitration: Justification For Abolition?
…the new ICSID Arbitration Rules 2022 following the annulment decision in Eiser v Spain (2020). After discussing the existing arbitral practice along with the implemented and proposed reforms, this post…
Sovereign Immunity and Issue Estoppel: English High Court’s Latest Decision in the Longstanding Yukos v. Russia Enforcement Saga
…being fulfilled. The Court also agreed with the Claimants that if the Dutch courts would have applied rules corresponding to the SIA, Russia would have been considered to have waived…
Arbitral seat, Arbitration Act, Arbitration institution, Arbitration Institutions and Rules, Japan, Japan Commercial Arbitration Association, JCAA
The JCAA Celebrates 70 Years of International Arbitration in a Changing World
…early dismissal rules. Meanwhile, Ms. Ohara cautioned institutions to consider the impact of new rules, which generally apply automatically, in comparison to those specifically chosen by the parties. She also…
Interviews with Our Editors: In Conversation with Datuk Sundra Rajoo, Director of the Asian International Arbitration Centre (AIAC)
…new features of these rules and are there any unique advantages of arbitration under the AIAC rules compared to under other institutional rules? The AIAC Arbitration Rules 2023 (“the 2023…
Building Bridges, Resolving Conflicts: Government Construction Contracts and Arbitration in the UAE
…assets. In this evolving landscape, commercial parties engaging with government entities must acquaint themselves with jurisdiction-specific rules and adopt effective dispute resolution strategies to navigate disputes while optimizing protection opportunities….