…when raising certain claims (e.g., national treatment), or to avoid taking a backseat chance on a politicized state-to-state arbitration, then there may be a spike in NAFTA legacy claim cases…
…access to hearings and pleadings, arbitrator compliance with the IBA Guidelines on Conflicts of Interest in International Arbitration, and a prohibition on arbitrators acting as counsel or party-appointed expert or…
…of trade-related issues, and includes chapters on rules of origin, technical barriers to trade, intellectual property, competition policy, labour, the environment, and investment. Mexico was the first to ratify USMCA…
…settlement talks between the parties, the insolvency administrator initiated arbitral proceedings under the ICC Rules on 20 December 2007. The place of arbitration was Frankfurt am Main, hence from a…
…there has been no allegation, that the existing rules and institutions are unable to manage conflict issues,5)See Republic of Ghana v. Telekom Malaysia Berhad, District Court of The Hague, Challenge…
…SIAC Rules (2016) provides that the Tribunal shall discuss the procedures that will be most appropriate and efficient for the case; and (iii) Article 22 of the ICC Rules (2017)…
…mechanism prescribed in Article 27 of the UNCITRAL Arbitration Rules and Article 3 of the IBA Rules on the Taking of Evidence in International Arbitration (“IBA Rules on Taking Evidence”)….
…revising their respective arbitral rules (e.g. ICC Rules 2018 or Hong Kong International Arbitration Centre (HKIAC) Rules 2018). Positive and negative implications of competition This competition has various implications….
…of the ICC Arbitration Rules 2017 and Rule 32.3 of SIAC Rules 2016) and also, but less frequently, by the parties to the arbitral proceedings, who may be perfectly invited…
…to certain courts in England, Ireland, and Scotland, and – by virtue of the Schedule to the Reciprocal Enforcement of Judgments Rules, in force since 16 June 1923 – today…
…Dr Judith Knieper presented on the structure and history of UNCITRAL, as well as the mediation framework offered by UNCITRAL, which includes the 1980 UNCITRAL Conciliation Rules and the 2002…
…for Amendment to the ICSID Rules (the “Proposed Amendment to ICSID Rules”) (see recent blog coverage here) These institutional reforms focus largely on procedural rights including, inter alia, fostering transparency,…
…institutional rules,4)Article 42 of the ICC Rules 2017, Article 32.2 of the LCIA Rules 2014 and Article 41.2 of the SIAC Rules 2016. draft awards are subject to either formal…
…question, it is both illogical and unlawful to stall arbitration proceedings against an insolvent entity. Rules of procedure under substantive insolvency ought to be kept separate from the rules of…
…Convictions, as Probative Evidence of Corruption Yet, tribunals generally treat positive findings of corruption by domestic courts, especially convictions, as persuasive evidence, considering such findings in their proof analyses. In…
…from other arbitral institutions? 2017 was an important year for us as we introduced new and modernized Arbitration Rules and Rules for Expedited Arbitration. Another important development took place in…
…A Review of a Recent Case under TRAC Rules In a recent arbitration case under the Rules of Tehran Regional Arbitration Centre (TRAC), some issues of bankruptcy arose which are…
…PRC rules of evidence, the concept of having an opposing party produce evidence in support of another’s claim was entirely alien and counterintuitive. With the New Rules of Evidence, parties…
…rules in the interests of life, health and resource conservation (Article XX), including security (Article XXI). These deviations are extended to allow exceptions to MFN and national treatment on grounds…
…rules. Devas instead of referring the matter to the senior management for resolution or notifying Antrix, unilaterally approached the ICC with a request to initiate arbitration. Consequently, ICC wrote to…
…and procedural issues, albeit in a circumscribed manner. This will facilitate the constitution of tribunals using the UNCITRAL Rules (and the Rules’ use of the PCA as an appointment authority)…
…parameters associated with the applicability of the ‘expedited track’ in arbitral rules. By expanding the default application of these rules, users would have the ability to obtain swifter final resolution…
…latter’s dispute resolution mechanism, notably investor-State arbitration. Taking the combination of the 1868 Switzerland-Italy BCE with the 1983 Switzerland-Panama BIT as an example, this would meet the guidelines set forth…
…procedural rules and governing law of the arbitration. It considers three different scenarios: where the procedural rules or governing law of the arbitration expressly refer to “in person” hearings on…
