…provided in some BITs, such as for selecting applicable arbitration rules or appointing the arbitrators. A State may rely on various government actions to justify delays, such as total lockdowns,…
…private arbitrations under the AAA-ICDR Rules and ICC Rules—are not covered by Section 1782. The February 2020 decision in HRC-Hainan thus tees up another district court split that is in…
…the purpose of ensuring legal and judicial certainty for investors and companies. OHADA’s uniform rules are created through so-called Uniform Acts, which pertain to various domains of commercial law. To…
…involved in politics, which can directly impact counsel’s legal strategy. Thomas also touched upon the challenges in the collection of evidence, submitting that evidential records kept by states are often…
…procedural rules did not provide for a specific procedure to be followed in cases where the independence or impartiality of a member of the AC is challenged by the parties….
…did not meet the burden of proof that would be required in criminal proceedings. According to the Court, relevant circumstantial evidence could include: limited evidence of actual work-product, limited human…
…of the award, protects the sanctions regime by means of singular rules of temporary nature. Therefore, the court refused to use public policy defence as a shelter for sanctions at…
…the rules and specifications of the technology used by the platform will be transmitted to the parties upon their request. In the same vein, the platform provider must ensure the…
…Highfield and Nicholas Christakis, Ian concludes that “the stronger evidence is that we are…on a long path to a humane society.” In Love over fear – holding on to hope,…
…so that the technical community is aware of these alternatives to traditional dispute resolution methods. In 2015, we issued the Rules on the use of Dispute Boards, and we usually…
…the potential future right to have evidence disclosed (depending on the tribunal’s authority under the applicable arbitration rules to order such disclosure), and the potential future right to recover a…
…it may even deprioritize the purpose for taking the measures, focusing instead on the effects. Possible risks for States in this regard are many. Indeed, this would likely be the…
…in common law countries, Chinese arbitration – relatively speaking – emphasizes and pays more attention to documentary evidence than the witnesses if the documentary evidence by itself is sufficient to…
…Background Facts Allianz concerned an application to set aside a majority arbitration award under Section 37(2)(b)(ii) of the Malaysian Arbitration Act 2005 (“MAA“) for “a breach of the rules of…
…Rules 9 and 17 of the 2016 Rules SIAC’s Registrar,8) Rule 34.7 of the 2016 Rules as well as tribunals9) Rules 18, 19.4 and 29.3. constituted under the Rules. Rule…
…expressly delegated to individual state governments. Under Section 303 of the Palau National Code, the “rules of the common law, as expressed in the restatements of the law approved by…
…only between the states party to the treaty, reminiscent of traditional rules of diplomatic protection. This is even reflected in the Preamble, in which India and Brazil note their intention…
…for a sufficiently long period of time without adequate compensation, investors could have a claim for unlawful indirect expropriation. As more countries follow Spain’s lead in taking control of private…
…ICC Rules with seat in the ADGM (the “Arbitration Agreement”). This Arbitration Agreement was the result of the exercise by A3 of a unilateral option to amend the underlying terms…
…law. According to the DIFCCFI, pursuant to the conflict of laws rules applicable in the DIFC (which draw in general on the English conflict of laws rules), “[a] foreign judgment…
…similarly amended their rules so that videoconferencing can be accommodated. For example, Article 24(2) of the Korean Commercial Arbitration Board (“KCAB”) International Arbitration Rules 2016 expressly permits hearings and meetings…
…simply not there. The procedural rules usually applicable to investment arbitrations – such the ICSID Convention and ICSID Arbitration Rules, the UNCITRAL Arbitration Rules 1976, 2010, and 2013 – similarly…
…and (ii) IBA Rules. ↑2 Based on Arts. 3.3(b) and 9.2(a) IBA Rules. ↑3 Based on Art. 3.3(c)(i) and (ii) IBA Rules. ↑4 Based on Art. 3.5 IBA Rules. ↑5…
…Key Sticking Points Under Rule 1 of the ICSID Arbitration Rules, the next step is to proceed with the constitution of the Arbitral Tribunal. However, it is likely that the…
