Moneyball for Arbitrators
…of the following describe(s) the document production ordered by the tribunal (please select all that apply)?* *Descriptions of document categories are based on art. 3(3) of the IBA Rules on…
Search Results for: prague rules
Slovak Republic v. Achmea: When Politics Came Out to Play
…tribunal constituted under a BIT essentially rules on the substance of that particular BIT. At no point in time would it stray into the operational domain of the CJEU under…
U.S. Supreme Court Holds That Individualized Employer-Employee Arbitration Agreements Must Be Enforced As Written
…FLSA, Federal Rules on Civil Procedure, and for example the Supplementary Rules for Class Arbitrations established by the American Arbitration Association (“AAA”). Interestingly, Justice Ginsburg also took issue with the…
Due process, ICSID, ICSID Arbitration, Investor-State arbitration, Provisional measures, Sovereign Immunity
The Binding Nature of Provisional “Recommendations” in ICSID Arbitration
…the Tribunal stated that Article 47 of the ICSID Convention and Rule 39 of the ICSID Arbitration Rules give the tribunal wide discretion to render provisional measures. (para. 105) The…
Applicable Law, Customary international law, ICSID, ICSID Arbitration, Investment Arbitration, Investment protection, Investor-State arbitration, ISDS
Customary International Law Claims in Contract-based Arbitration
…be deemed competent to exclude certain rules from the body of substantive law agreed by the parties where such rules are demonstrated to be in contradiction with the constitution of…
Achmea, BIT, ECJ, Europe, European Law, European Union, Intra-EU BITs, Investment agreements, Investment Arbitration, Investment protection, Uncategorized
Brace for Impact? Examining the reach of Achmea v Slovakia
…the arbitral tribunal were to decide the dispute pursuant to rules that do not touch upon EU law, it is difficult to imagine how the autonomy of EU law could…
The Future of Arbitration: 5, 10, 25 Years and Beyond
…SIAC and ICC rule changes imposing a sole arbitrator in smaller-sized cases, even where the parties had agreed to three arbitrators in their contract, or the proposed “Prague Rules” that…
Shaping the Future of International Arbitration: A Report from Helsinki International Arbitration Day 2018
…to capture the public interest in the contract or with some laws that go beyond the contract, such as mandatory laws or rules. Lambert told the audience about the “e-Borders…
Relationship between the Arbitrators and their Law Firm: A case for Dynamic Application of the IBA Guidelines on Conflicts of Interest
…agent of the firm. However, this raises concerns on the presumptive approach under the Guidelines in stark contrast to the analytical approach under most of the domestic arbitration rules and…
The Contents of b-Arbitra, Issue 2017-2
…Rules of CEPANI that have just been revised, 5 years after the 2013 revision of its Arbitration Rules. Finally, this issue contains a book review of the interesting and challenging…
Arbitrators, Art and Arbitration, Court of Arbitration for Art, Experts, Law governing the arbitration, Netherlands Arbitration Institute, Publication of Arbitral Awards
A New Arbitral Institution for the Art World: The Court of Arbitration for Art
…significant disputes, art and art law expertise and under arbitration rules (“AiA/NAI Court of Arbitration for Art Adjunct Arbitration Rules” (the “Adjunct Arbitration Rules”)) that have been designed to accommodate…
Anti-suit injunction, Arbitration, England, English Arbitration Act, LCIA Arbitration, LCIA Rules, Seat of the arbitration
The Seat of Arbitration is Important. It’s That Simple.
The seat of arbitration is a vital aspect of any arbitration proceeding. The situs is not just about where an institution is based, where hearings will be held or where…
Achmea, ECJ, Enforcement, Jurisdiction, New York Convention, Recognition and enforcement of arbitral award, TFEU, Treaty, Vienna Convention on the Law of Treaties
A Procedural Perspective of Achmea: What Does Achmea Imply in Practice
…only and specifically the issue of validity/invalidity. Investor-state dispute resolution clauses are usually different from state-to-state dispute resolution clauses. Further, the VCLT contains a set of specific procedural rules how…
Hearings, Investment Arbitration, Supreme Court, Transparency, Transparency in investment arbitrations
Transparency, Legitimacy, and Investor-State Dispute Settlement: What Can We Learn from the Streaming of Hearings?
…defenders of traditional ISDS have also taken significant steps to increase legitimacy through increased transparency. The adoption by the United Nations Commission on International Trade Law (“UNCITRAL”) of Rules on…
Third Party Funding for Arbitration in Nigeria: Yea or Nay?
…international level. Whilst noting that it is virtually impossible to address all issues with a single set of rules, and the need to avoid the risk of over-regulating as…
UAE Federal Arbitration Law Adopted at Long Last: All Well that Ends Well?
…under UAE Arbitration Chapter in combination with a leading set of arbitration rules, whether e.g. the local DIAC Rules, the ICC Rules or the free zone DIFC-LCIA Rules. In this…
A One-Two Punch to the Kompetenz-Kompetenz Principle in Venezuela
…contained a pathological arbitration clause, in that the clause referred all future disputes to arbitration under the rules of a non-existing arbitration institution: the Conciliation and Arbitration Centre of the…
Do Arbitration Users Really Value Finality?
…incorporated into leading institutional rules such as those of the LCIA and ICC. Under these institutional rules parties exclude the right to appeal which, as it is not a mandatory…
Enforcement, Sovereign Immunities, Sovereign Immunity, State entity, State Immunity, Waiver, World Bank
Sovereign Immunity From Execution: Caveat Emptor
…is the way in which procedural rules and legal devices (e.g. discovery tools and burden-of-proof rules) steer the legal process in a certain direction, and therefore also outcomes and behavior….
Jumping on the TPF Bandwagon: Nigeria’s New Arbitration Bill Embraces Third-Party Funding
…of the Bill relevant to TPF are Sections 50 1(g) and 84, as well as Article 41(2)(g) of the Arbitration Rules attached as the First Schedule to the Bill. Section…
How Should a Court Asked to Apply Article 8 of the Model Law Approach its Task: Challenges for the Arbitral/Court Interface (II) & Request for Comments “Procedure and Evidence in International Arbitration”
…of the tribunal as to applicable law, not its own domestic conflicts rules. In circumstances where the court bars litigation on this approach, it is not concluding that the agreement…
How Should a Court Asked to Apply Article 8 of the Model Law Approach its Task: Challenges for the Arbitral/Court Interface (I)
…of laws rules to these uncertain international matters. In the common law world, this often simply flows from opposing counsel presuming that this must be so. There is simply no…
Data-Driven Decision-Making: From Fine Wine to Fine Arbitrators
…are a number of challenges in analyzing data from phenomena as complex as arbitral disputes. Such challenges include accounting for different institutional rules, differences in appointment of the arbitrator (was…
ISDS Under the CPTPP and Beyond: Japanese Perspectives
…Toward Establishment of 21st-Century International Investment Rules –, 15 December 2015, https://www.keidanren.or.jp/en/policy/2015/119.html. It is true that Japanese companies tend to shy away from using arbitration – either commercial or…