…at Article 41.4. ↑2 Article 37(3) of the ICC Rules, Article 41.2 of the HKIAC Rules and Article 34.2 of the SIAC Rules. The LCIA Rules do not expressly permit…
…the rules of arbitration of the Chamber of Arbitration of the Market – CAM, a Brazilian arbitration institute created by the Brazilian stock exchange in 2001. The arbitration clause excludes…
…topics of the arbitration community and include rules on emergency arbitration, early dismissal, whether the awards are scrutinised, whether the institute offers a platform for case management or even whether…
…the Justices spent considerable time discussing the foreign policy implications of U.S. courts offending foreign sovereigns by adjudicating conduct committed on foreign soil—even conduct arising out of genocide. However, the…
…on or with any property. Procedural rules In an endeavour to assist in the fair and efficient procedural conduct of the arbitration, a new Section 34(2) expressly authorises the…
…governed by its Arbitration Rules and Expedited Arbitration Rules. Further, it appoints arbitrators in ad hoc cases when the arbitration agreement so provides, and acts as appointing authority under the…
…side. Spain argued that this was a violation of ethical and disclosure rules under the ICSID Rules, the World Bank‘s code of conduct, the new, still draft Code of Conduct…
…Continent are showcasing acceptance of the so-called “anti-arbitration” injunctions that restrain arbitration proceedings. In any case, both have been accepted by English courts in the past, while Brexit and the…
…successful. This low rate is largely owing to the fact that, under Swiss law, the revision of arbitral awards constitutes an “exceptional” legal remedy, reflecting a compromise between substantive justice…
…especially so since December 2017, when Ukrainian arbitration law and applicable procedural rules were largely revised to introduce many long-expected changes in the field of arbitration. Even before these revisions,…
…protection standards – without clear guidance on the scope of investment protection– may lead to an effective application of these provisions. As the investment provisions have been watered down, the…
…and Arbitration Conflicts Court understood in a prima facie analysis that there would not be any harm resulting from the continuity of the arbitration. The claimant appealed but the decision…
…the dawn of the new decade to usher in a new era of BITs. The BIT is noteworthy for its departure from the widely used investor-state arbitration mechanism in favor…
…during the hearings as demonstrating familiarity with the record and legal issues and helping to clarify factual or legal issues. Prof. Comair-Obeid’s questions were also assessed as fair and respectful….
…the sufficiency of evidence; assess the expected award and its impact; offer all needed legal support as may be requested by legal counsels; approve the costs and legal fees pertaining…
…to, oversight and scrutiny by the institution; provisions for expedited arbitration and emergency arbitration; all of which would be missing in a regular ad hoc arbitration. The second advantage would…
…an investment arbitration against Germany under the Energy Charter Treaty (“ECT”) (the “ECT Arbitration”). The Constitutional Litigation in Germany In February 2012, Vattenfall Europe Nuclear Energy GmbH and Kernkraftwerk…
…of international arbitration [….] science and technology can make arbitration proceedings more time and cost efficient.” Fast forward to 2020: faced with the prospect of recurrent postponements of arbitration hearings…
…arbitration such as the recognition and enforcement of foreign arbitral awards under the New York Convention (“NYC”)? Faced with this question, this post examines whether the global health crisis may…
…(for example Article 29.2 of VIAC Rules or Article 26.2 of the ICC Rules), legal scholarship, the New York Convention (Article V(1)(b) regarding minimum requirement for notification of the parties)…
Nearly a decade ago, the Permanent Court of Arbitration (“PCA”) published its Optional Rules for Arbitration of Disputes Relating to Outer Space Activities (“PCA Outer Space Rules” or “Rules”). Unlike…
…the merits of the award and the legal reasoning of the arbitrators in light of the evidence presented during the course of the arbitration. This conduct by the President of…
…Arbitration, author of more than 250 legal writings focusing on contract law and international arbitration, and chairperson of more than 100 international arbitrations. As the episode title indicates, Professor Tercier…
…revisions to the LCIA Rules of Arbitration (the “LCIA Rules”): The 2021 DIFC-LCIA Rules are no exception and take after the recent revisions introduced to the recently adopted 2020 LCIA…
