…before claims can be submitted to a number of fora including arbitration under the ICSID Convention, ICSID Additional Facility Rules, UNCITRAL Arbitration Rules or such other rules that the disputing…
…the opportunity to clarify the relationship between customary international law rules of attribution and their treaty text. Alternative Approaches to Investor-State Dispute Settlement During the drafting of the IA-CEPA, Australia…
…settlements? The VIAC Rules 2018 have three parts: Rules of Arbitration (part I), Rules of Mediation (part II) and Annexes (part III); this means that arbitration and mediation now are…
…the applicable Stockholm Chamber of Commerce (SCC) Arbitration Rules (namely, articles 5(1)(i) and 24(2)(i)) – Poland accepted the jurisdiction of the arbitral tribunal. Without making such a timely and clear…
…rules. In the case of ICC arbitrations, for instance, Korean parties became overall more active than Chinese and Japanese parties in objective numbers despite the country being significantly smaller in…
…ISDS procedural reforms and expedited proceedings under the UNCITRAL rules. The keynote speech from Professor Catherine Rogers of Penn State University and Queen Mary, University of London discussed the development…
…consent to their appointment. Prevailing Rules Regarding the Role of Arbitral Secretaries The ICCA Guide on Arbitral Secretaries attempts to enlist the best practice principles for the appointment and…
…the extant framework1)as contained within the Information Technology Act, 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. often tends to…
…the UNCITRAL Arbitration Rules in the Austria-Libya BIT to apply Article 7(2) (b) of the 1976 UNCITRAL Rules which provides that the Secretary-General of the PCA shall designate the appointing…
…an ICSID claim in 2005, which they won in 2013. The dispute concerned the withdrawal by Romania of tax incentives in furtherance of EU State Aid rules and became a…
…agree to hold hearings online insofar that is permitted, either by national laws or by the rules of the arbitral institution. For instance, the 2017 Rules of the International Commercial…
…decide whether an arbitral tribunal had violated a party’s right to be heard in relation to allegations of contract simulation. Caroline DOS SANTOS, European Court of Human Rights Rules upon…
…exchange for its investment in a joint venture. When MHC failed to pay the Guaranteed Return, Sembcorp commenced a Singapore-seated arbitration under the 1998 ICC Rules. In 2004, the sole…
…a structured rules approach which emphasises efficiency and outcomes and inhibits variation and diversity. In “Optimism in mediation: Part 1 – The captain goes down with the ship”, inspired by…
…as Law that the EU can give intra-EU prevalence to its own rules. The foundation of arbitration is the mutual consent. Is there mutual consent where in accordance with the…
…parties should be made aware of the possible options the arbitrator is entertaining. Formulating agreed lists of issues, as envisaged in the ICC Rules in the form of ‘terms of…
…arbitrators.9) Remarkably, we could not find a single arbitration institution with rules regulating the size of arbitrators. Obviously, our findings have already prompted many questions for further investigation. In a…
…legal space progresses, arbitration institutional rules attempt to keep pace. For practitioners, keeping up with the latest recommended protocols can be a challenge, which is why the conference included a…
…would advise to start by looking at the applicable arbitration rules. Most rules, including CPR’s rules, provide the tribunal with the discretion to determine whether or not to admit evidence,…
…conducting a consultation on amending its rules, and several States considering alternatives to the current system of investment treaty arbitration. A state of flux, however, also creates opportunity. With these…
…tribunals enjoy a rather wide discretion when deciding on the admissibility of evidence. Arbitration rules contain almost no guidance regarding the admissibility of illegal evidence specifically, and the Vis Moot…
…will be settled under the rules of a clearly defined reputable art-specialised arbitration body, instead of court-led litigation. Secondly, all good faith stakeholders in the art sector want impartial and…
…the confidentiality through a separate agreement or applicable rules. Although investment arbitrations in many cases have been conducted confidentially (while only awards and a few procedural decisions become public), recent…
…in most of the cases parties to the arbitrator’s contract do not agree on the applicable law, leaving this issue to be determined by the rules of private international law….
