…concerning this issue.2)See e.g. Section 48 of the Swedish Arbitration Act and Article 16.4 of the LCIA Rules. In Portugal, Law 63/2011 established the new legal framework for voluntary arbitration…
…stressed that in the recognition procedure the arbitration agreement shall be submitted, and its existence cannot be established on the basis of other evidence, e.g., on the grounds that the…
…conducted on an ad hoc basis and under institutional rules. Amanda completed her LLB at Aberystwyth University, Wales and her LPC at the University of Law, UK. She is a…
…Evidence in International Arbitration (the “IBA Rules“) were conceived. The application of the IBA Rules does not trump mandatory national rules of evidence. However, as discussed above, most jurisdictions do…
…extend outside the EU, thus turning non-EU economic operators (especially those monitoring/ targeting natural persons in EU with goods/services) into possible addressee of its rules. GDPR’s sanctions reach EUR 20…
…respect to various important aspects (such as the appointment of arbitrators, hearings, memorials, procedural orders, discovery, documentary evidence, witness evidence, expert evidence, confidentiality, joinder and consolidation, etc.), CIETAC arbitration rules…
…noted that when determining the validity of foreign-related arbitration agreements pursuant to the applicable law, the Chinese courts have referred to applicable conflict rules and selective conflict rules to make…
…of summary dismissal procedure in its revised Arbitration Rules this autumn, the LCIA could become an even more important forum for banking and financial services disputes in the coming years….
…the rules of law must be “generally accepted on an international, supranational or regional level as a neutral and balanced set of rules”. In the current state of affairs, the…
…and rules in India are rights in personam. It seems clear, therefore, that both the company law in India and the securities law in India arrive at the same conclusion…
…not included on a set of mediation rules into their contract.1)Peter Binder, International Commercial Arbitration and Mediation in UNCITRAL Model Law Jurisdictions (Kluwer Law International, 4th Ed, 2019) at p…
…rules. The users of international arbitration complain that international arbitration has become complex, overtly procedural, time-consuming and expensive. They lament that it has become what it sought to address. While…
Introduction There are parallel initiatives currently considering a potential reform of the international Investor-State Dispute Settlement (“ISDS”) system. Particularly, the work presently taking place at the United Nations Commission on…
…protection obligations attach to arbitrators, counsel, parties, and institutions across all of their cases, rather than being a set of rules attaching to a particular arbitration. The question is what…
…the 2017 Rules of Classes 1 & 2 of the West of England Ship Owners Mutual Insurance Association (Luxembourg) (the “Rules”) and section 57 of the Rules1)Section 57 of the…
…of completion of pleadings under Section 23(4). Whilst it is a welcome step – certainly with the right intent – it may lead to conflicts with the rules of an…
…opt out of the otherwise applicable Chapter 12 of the Swiss Private International Law Act (“PILA”) and to opt into the statutory rules governing Swiss-seated domestic arbitration proceedings as set…
…the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015 as amended by Regulation No 1 of 2018 (the “ADGM Court Regulations”) is clearly limited to the ADGM…
…and Article 26(4) of the International Chamber of Commerce Arbitration Rules (‘ICC Rules’) recognise this freedom by providing that parties may appear in person or may be “represented or assisted…
…country, where the arbitral institution is established in, can be considered to decide whether the same would pass the test of reciprocity and enforceability in India. Evidence of Arbitral…
On 19 July 2019, Beijing Arbitration Commission a.k.a. Beijing International Arbitration Center (the “BAC/BIAC”) released its amended Arbitration Rules (the “Rules”) and Fee Schedule (the “Fee Schedule”), both of which…
…the IAC was endowed with a set of state-of-the-art rules, a panel of outstanding international arbitrators and mediators, and an internationally regarded Chairman in the person of Barbara Dohmann QC….
…European Court of Human Rights, to rule on a dispute involving an EU member state while taking EU law into account. In sum, the tribunal in LBBW v Spain arrived…
…so far with expedite arbitration under the new arbitration rules at TRAC? TRAC Rules 2018 are based on the 2010 UNCITRAL Arbitration Rules , with some modifications to make them…
