…rules which either prohibit or impose the use of virtual hearings. In silence, tribunals will be guided by certain general principles. Firstly, certain laws grant parties a right to a…
…obligations stemming from the Latvia-Norway BIT and the 1920 Svalbard Treaty. This latter Treaty could be invoked either through Article 31(3)(c) of the VCLT (“any relevant rules of international law…
…the WTO have reached an arrangement to arbitrate as between themselves trade disputes under Article 25 Understanding on Rules and Procedures Governing the Settlement of Disputes (‘DSU’ are the governing…
…merely the venue for certain proceedings and not the seat of arbitration. In the context of international arbitration, the choice of a supranational body of rules to govern the arbitration…
…PRC government’s Belt and Road Portal. Most of the reporting on BRI addresses allegations of corruption, less developed countries taking on excessive debt, or the economic viability of the BRI…
…However, international investment law has departed from the generally accepted rules of international law on the nationality of corporate persons. Already in the 1960s, the drafters of the ICSID Convention…
…of law rules, arbitrators are not bound by the same conflict rules as courts at the seat. Instead, arbitrators should use autonomous conflict of law rules, such as art. 28…
…of legal rules (“a system of principles and rules of contract law which are common to existing national legal systems or best adapted to the special requirements of international commercial…
…Chamber of Commerce applicable to the Ruta del Sol 2 arbitration, there is no reference either. Other international arbitration rules, such as the ICC Rules provide in Article 8 for…
…(ii) number of remote locations and the possibility for tribunal members to be in the same physical location; (iii) method of taking evidence from fact witnesses and experts to ensure…
…requirement can be seen in the LCIA Arbitration Rules as well as the ICC Rules. The IBA Guidelines on Conflict of Interest in International Arbitration supplement this threshold and contemplate…
…arbitration, the compromise position adopted by the International Bar Association’s Rules on the Taking of Evidence in International Arbitration is to permit disclosure of documents where it is “relevant to…
In a recent post, we were told to ‘Roll Out the Red Carpet’ for the Hague Rules on Business and Human Rights Arbitration (the “Rules”). Indeed, the Rules are a…
…rules and administration, the implicit intent of the state is to create its own arbitral institution. Hidden in the First Complementary and Final Provision of the Decree is a mandate…
…that taking this “side job” has been absolutely the right decision. The most valuable experience during my time with the Blog is definitely the close work with the fantastic editorial…
On 3 February 2020, the Republic of Seychelles became the 162nd Contracting State of the New York Convention (already followed by Palau as number 163, reported here). The New York…
…importance of voluntary compliance. It then underlines that the applicable rules related to the removal or challenge of arbitrators, which are separate and different for each institution, continue to apply….
…regulations prior to the establishment of an investment will not amount to a violation of the IIA. This, more importantly, rules out the possibility for the investor to resort to…
…rules,3)See for example, the UNCITRAL Arbitration Rules, the Code of Sports-related Arbitration, the 2016 SIAC Rules, the 2017 ICC Rules and the 2018 HKIAC Rules. a party-appointed expert will not…
…concluded by the EU itself or where the EU assumes powers previously exercised by the member states, and by rules of customary international law. Therefore, international agreements which do not…
…to avoid the need for them to travel to an evidentiary hearing. Appendix IV of the ICC Arbitration Rules (Rules) clearly reminds us that one of the recommended case management…
…ICC Bulletin, 2017 p. 8-10. Leaving aside the peculiarities of these rules, Article 16 of the UNCITRAL Arbitration Rules adopts, as opposed to the PCA Arbitration Rules, a similar position…
…a quo of 90-day time limit for revision request – Addendum to award – New evidence corroborating existing evidence – Procedural fraud] 4A_750/2011 of 21 August 2012 [Revision – New…
…legitimate expectations, as there was ‘no evidence of any real due diligence.’ In Belenergia v. Italy (2019), the tribunal found that the due diligence reports presented by the investor had…
