…some of these short-comings. Unlike earlier attempts, however, which focused on the possibility of consolidating disputes that are conducted under one set of procedural rules, the author, inspired by the…
Unlike some Western arbitration institutions which enacted institutional arbitration rules dedicated to construction disputes, such as the 2015 American Arbitration Association (AAA) Construction Industry Arbitration Rules, to date, the leading…
…rules on competence and exclusive competences attributed to the Brussels Enterprise Court for the entire country (such as with regard to patent disputes, European Trademarks and designs, and class actions)…
…Investment Arbitration Rules (the ‘CIETAC Rules’). The BAC Rules have made a series of innovations and proposed a ‘Chinese approach’ to the issues and drawbacks of the current investment arbitration…
…Administered Arbitration Rules. Shortly after their release in October 2018, Joe Liu, Deputy Secretary-General of the HKIAC, wrote on the Blog to introduce the Rules and explain key highlights and…
…embracing alternatives to litigation and a thoughtful approach to addressing inevitable business disagreements. CPR is more than just a provider of arbitration rules and ADR services. Can you tell…
…Arbitration Rules against the Russian Federation based on Article 9(c) of the Ukraine-Russia BIT and sought payment of USD 50,314,336 as compensation for the alleged expropriation (the “Dispute”). The Russian…
…the recent Prague Rules were mentioned, comparing them with the IBA Rules on the Taking of Evidence in International Arbitration. The comparison was mainly focused on the document production stage…
…into the Ukrainian legal system. The Constitution, however, does not establish direct applicability of rules of customary international law. They, thus, cannot be applied directly by Ukrainian courts. Under the…
…on jurisdiction, liability and quantum was held in Paris, bringing the case to its closure. Therefore, according to the ICSID Arbitration Rules 38 and 46, the tribunal will have to…
…the Legal Practitioners Act 6)Rule 50 of the Rules of Professional Conduct for Legal Practitioners, 2007 allows Nigerian Legal Practitioners to enter into contingency arrangement with clients provided that these…
…overturned a refusal by the Khor Fakkan Court of Appeal (the “Court of Appeal”) to recognize and enforce a foreign arbitral award issued under the Rules of the London Court…
…Fund, the SDNY declined to follow NBC by holding that an arbitration governed by the London Court of International Arbitration (“LCIA”) rules fall within the purview of Section 1782. The…
…on the Conduct of the Arbitration under the ICC Rules of Arbitration (Note). The Note, which came into effect from 1 January 2019, introduces a number of significant updates to…
…joint file of documents and exhibits. Likewise, the NCC has aligned its dedicated rules of procedure with elements from international arbitration proceedings, such as the IBA Rules on the Taking…
…award by GZAC. ↑2 Article 14 does not specify online arbitration. It uses the general heading of “arbitration rules” but online arbitration rules fall within the scope of “arbitration rules”….
…resolved by arbitration as per Singapore Contract Rules. The clause did not specify the place of arbitration, mechanism for constituting the tribunal, or the applicable arbitration rules. Nonetheless, the court…
On December 2018, the Prague Rules on the Efficient Conduct of Proceedings in International Arbitration (“Prague Rules”) were released. (For related posts on the Prague Rules on Kluwer Arbitration Blog…
…EP Rules though. In its Arbitration Rules 2016, SIAC made a detailed regulation on EP Rules by adding two new sub clauses [Rule 5.3 and Rule 5.4]. In particular, Rule…
…find it difficult to administer cases against State-related parties. Second, we may draw parallels to arbitrators being granted immunity from liability under arbitration rules.3) See Asif Salahuddin, ‘Should arbitrators be…
…the discussions regarding the proposed amendments to the ICSID Rules, Argentina and Costa Rica have been active in suggesting reforms to limit legal fees that investors may incur and to…
…in Procedural Order No. 1, that all evidentiary matters would be governed by the IBA Rules on the Taking of Evidence in International Arbitration (the “IBA Rules“). The Court pointed…
What are Terms of Reference in the ICC Rules of Arbitration, and what are they for? Article 23(1) of the 2017 ICC Rules provides “As soon as it has received…
The principle of res judicata is a universal principle recognized by the legal systems of all civilized nations. The res judicata principle should be applied by arbitral tribunals as the…
