…Headstrong Clients The introductory theme of the discussion concerned the client-expert relationship, and its interrelation with the expert’s duties in an arbitration. On being retained for any given arbitration, Dr….
…its new rules? (*winks*) AU: In my view, institutional rules are ‘same same, but different’. Institutional rules would inevitably have similarities because of the scope of services offered. There is…
…Pearsall – brought to the table their views and practical insights on different topics. The discussion focused on litigation, arbitration, and mediation; how to streamline arbitration proceedings to reduce costs…
…truth trumps the general interest in observing procedural rules regarding delayed evidence. The court found that this reasoning should analogously apply to its review of the award, absent a divergent…
…representatives and companies with Australia-based projects are conducting arbitrations, drafting arbitration agreements, and their sentiments about arbitration. It is clear from the Report that many factors affect the overall efficiency…
…LCIA; John Howell OBE, MP; Oliver McClintock, Opus 2, brought comprehensive and unique views on the topic. The discussion covered how litigation, arbitration, ADR and other dispute resolution methods have…
…2020 LCIA Arbitration Rules, Article 33(1) of the 2017 SCC Rules, Article 25(1) of the 2016 SIAC Rules 2016). However, such acknowledgement is not accompanied by a list of duties…
…Costa Rica enacted a new Code of Civil Procedure in which it included provisions related to the recognition and enforcement of foreign arbitral awards. These provisions added a thin layer…
…conducted by state entities. Its legal provisions intend to bring greater legal certainty for those who want to invest in large projects in Brazil led by the Federal, State or…
…Rules, Art. 10.6; LCIA Notes for Arbitrators, Section 2, para. 9; WTO Rules of Conduct, Section III, para. 1 and Annex 2; Draft Code of Conduct for Adjudicators in Investor-State…
…recalls that, according to Achmea, commercial arbitration between private parties “originates in the freely expressed wishes of the parties”, adding that in commercial arbitration, not only the “arbitration agreement but…
…functions for arbitration related communications. As aptly stated in the ICCA-NYC Bar-CPR Cybersecurity Protocol for International Arbitration (2020), cybersecurity requires effort from all stakeholders. Currently, ongoing initiatives aiming to bridge…
…in this arbitration, seated in London, and conducted under the rules of the London Maritime Arbitrators Association, settled the respective dispute, and the arbitrators issued a consent award. Due to…
…event, a national court’s choice between the two default rules will largely depend on the jurisdiction’s legal culture and objectives as regards arbitration and civil justice. References[+] References ↑1 A…
New arbitration rules for the Australian Centre for International Commercial Arbitration (ACICA) came into force on 1 April 2021. The 2021 ACICA Rules update the 2016 Rules outlined here to…
…of international arbitration, having now found its place in the latest version of the ICC arbitration rules, and with pro-arbitration jurisdictions Singapore and Hong Kong shedding their historical impediments to…
…Arbitration (PCA) in the Hague ending with the final awards laid out on more than 600 pages per arbitration, the former shareholders attempted to enforce the awards by seizing assets…
…be beyond waiver. In brief, Halliburton concerned an ad hoc arbitration governed by the laws of New York and seated in London. Halliburton sought the removal of the presiding arbitrator…
…in the contract, which provided for arbitration in India in accordance with either the ICC or the UNCITRAL Rules, was pathological, and whether Devas could rely at the enforcement stage…
…with arbitration, but rather how the two co-exist. Arbitration may have gained an ally on the path to simpler enforcement, setting aside proceedings, and court assistance in support of arbitration….
…of the Arbitration Ordinance of Hong Kong. The inclusion of mediation and conciliation provisions in investment treaties are also on the rise. Romesh Weeramantry, Brian Chang, and Joel Sherard-Chow examined…
…since the early 2000s. It criticised inter alia that intra-EU investment agreements and arbitration undermine the European legal order and create inequality among European investors within the Single Market. Many…
…being resolved by arbitration, be it institutionally administered or ad-hoc. In terms of my arbitration career, I suppose presently everyone in the arbitration community has embraced virtual aspects of the…
…individual arbitration. The Green Protocol for Law Firms, Chambers and Legal Service Providers Working in Arbitration This Protocol shifts focus to the day-to-day operations of organisations. To encourage compliance…
