…of the possible need to address this issue when drafting institutional rules, terms of reference or arbitral agreements providing for FOA (in most cases, the choice for institutional rules that…
…law but to “applicable rules and principles of international law”, which is why some tribunals have decided that EU law is not international law for the purposes of that provision….
…the necessity that the parties themselves create for lengthy, expensive proceedings. Solutions to these issues such as third-party funding of disputes, proposed expedited rules, strengthened security for costs and interim…
…vote on the amendments to the rules is expected in 2019 or 2020. In order to keep ICSID’s procedural rules fit-for-purpose, there is a range of proposed reforms, including: a…
…surprising and scarce reasoning, Batumi City Court read the arbitration clause as referring to ICC Rules of arbitration, and found it insufficient to determine parties’ will to refer their disputes…
…Affidavit. In terms of the High Court Rules, an Applicant is entitled to make an application to the court on an urgent basis, in accordance with Rule 6(12) of…
…cons with both approaches and the procedural or administrative nature of measures is likely to dictate whether such measures should be implemented in procedural orders, arbitration rules or arbitrators’ terms…
…of the seat or legal place of the arbitration and, if any, the procedural rules. In this context, one will note that the current version of the rules of the…
…whose rules provide for recourse to arbitration will not have any choice but to accept the arbitral clause.’ Germany’s Federal Court of Justice (the Budesgerichtshof) took a similar stance in…
…EU does not currently take issue with the substantive rules of investors’ protection in the BIT network. Indeed, there can hardly be raised an objection against rules prohibiting discrimination and…
…Indeed, some national courts acknowledged that even when their domestic rules were inconsistently applied in arbitration, this was not in itself enough to refuse enforcement provided, i.e., that international public…
…tribunal under the DIS Arbitration Rules. During the proceedings, the claimant challenged both the chairman and the arbitrator nominated by him for lack of impartiality. After the tribunal rejected the…
…arguing that its right to be heard was violated since the tribunal applied the rules of equity as an autonomous source of law under Algerian law, although no arguments based…
…different approach enshrined in the new Interactive Rules. 1) Administrative Rules The JCAA administers arbitrations under the UNCITRAL Arbitration Rules pursuant to the Administrative Rules. Accordingly, these Rules are…
…of Procedure for Arbitration Proceedings, ICSID Additional Facility Rules if the former do not apply, UNCITRAL Arbitration Rules or any other rules agreed the parties. Constitution of First-instance Tribunal and…
…Convention and the additional facility rules. Paul-Jean Le Cannu, Team Leader and Legal Counsel at the ICSID, similarly observes that “when comparing the data by region, […] relatively few arbitrators…
…issued new Administered Arbitration Rules. A full update on the new rules was previously published on this blog. However, in summary, the new provisions: facilitate electronic document submission by parties…
…for the recognition and enforcement of a non-DIFC award rendered in an onshore Dubai seat under the DIFC-LCIA Rules of Arbitration. In this case, the award creditor, Mr. Al Tamimi,…
…names of the parties, seat of the arbitration, arbitration rules, applicable law, subject matter of the dispute, awarded amounts and currency, number and names of arbitrators, number and names of…
…legislation did not address whether the rules of champerty and maintenance applied to arbitration in Hong Kong. There is however no case law to suggest that an arbitral award in…
…respondent. In other words, the right to access tribunal as per the rules to determine respondent by the EU in both agreements would allow foreign investors to initiate proceedings without…
…out into finance arbitration-specific products by offering a specific set of rules for application in finance arbitrations. Along the same lines, financial and legal concerns arise in the world of…
…by the Singapore International Arbitration Centre (SIAC), which offers a step-by-step breakdown of an arbitration under the institution’s Rules. Of course, there is also technology, such as video conferencing, recommended…
…refer their disputes to conciliation using the UNCITRAL Conciliation Rules. But the New Act does not stop at mere adoption of the UNCITRAL texts and modernisation of the old regime….
