…the FTAs, investors’ claims may still be submitted according to the ICSID or UNICTRAL Arbitration Rules (or any other rules on agreement of the parties) whilst the ICSID Secretary General…
…Rules The new ICC Rules, in effect since 1 March 2017, encompassed a number of revisions. As a reaction to the revision of arbitration rules in the various Asian arbitration…
…a governing contract law. While we are all susceptible to such ‘threats’, we are able to ‘outsmart’ them through the use of effective systems and controls, frameworks and rules of…
…with other international law rules that would contradict its terms. The ECT contains clear wording by which signatory states, including EU Member States and the EU itself agreed to refer…
…follow a binding evidentiary code, unless, of course, the parties agree otherwise. Most national arbitration laws and arbitration rules follow this approach. For example, Article 19(2) of the UNCITRAL Model…
…of the Prague Rules. Leventhal noted that while a plurality (48%) of attendees believed that the Prague Rules would be a useful supplement to the IBA Rules, a majority either…
…the UAE’s position as a leading regional hub for arbitration. Bernd EHLE, SIA 150:2018 – Modern Swiss Arbitration Rules for Construction Disputes The Swiss Society of Engineers and Architects (SIA),…
…their coverage on our Blog. 1. New HKIAC Arbitration Rules and the Prominence of Hong Kong as an Arbitral Seat Hong Kong International Arbitration Centre (“HKIAC“) introduced its new Administered…
…for binding arbitration “in accordance with the arbitration rules of the American Arbitration Association.” Rule 6 of the Commercial Arbitration Rules of the AAA has a competence-competence provision, stating the…
…trade agreement and the CPTPP. A range of concerns about ISDS emerged during these processes, including scope for developing appellate mechanisms, codes of ethics, and rules on precedent. The scrutiny…
…7.2(b); 2010 UNCITRAL Rules, Art. 6(4). through the Most Favoured Nation (MFN) clause to designate an appointing authority in an arbitration conducted under different rules. By doing so, the PCA…
…Article 47, seems to be timely. This post will look into the wording of Article 47 of the ICSID Convention, the current Rules 39 of the ICSID Arbitration Rules, as…
…that extend beyond the members of the tribunal’s own training, is for them to appoint their own expert. This is, of course, permitted by the IBA Rules on the Taking…
…the CCJA Rules. The Rules now clarify that any fixing of fees without the CCJA’s approval is null and void but is not a ground to set aside an award….
…come together thoughtfully and productively in response, to change the rules of the game. The lack of diversity falls on global communities, to recharge and reinvigorate for market demands. Gender…
In 2013, China proposed to jointly build the “Belt and Road” Initiative. While the international investment agreements (“IIAs”) proposed to be concluded with China and its counterparties along the “Belt…
…the 2017 ICC Rules, which is the case for any arbitration agreement concluded from 1 March 2017 designating the ICC Rules, and if the dispute falls within the scope of…
…effective on 1 November 2018 (“2018 HKIAC Rules“) also contains similar provisions on the duty of confidentiality. Despite the laws and institutional rules, the parameters of confidentiality are by no…
…News 31 July 2018, https://iccwbo.org/media-wall/news-speeches/icc-court-releases-full-statistical-report-for-2017/ ↑3 See SIAC Rules 2016, Schedule 1, item 8; LCIA Arbitration Rules 2014, Article 9.7; ICC Rules of Arbitration 2017, Appendix IV(f) ↑4 SIAC Rules…
…of international conventions and arbitration rules of foreign arbitration institutions; and above all, the arbitrability of contractual parties’ tax disputes. Case Summary On behalf of Subway International B.V. (“Subway”), two…
…631-638. as arbitrators normally deal with different rules that could be simultaneously applicable: the substantive law or lex causae, the law applicable to the agreement of arbitration, the lex arbitri…
…the date of NAFTA’s termination. As noted by the panel, “legacy investments” claims initiated during the three year period will be decided under the old NAFTA Chapter 11 rules and…
…settlement were still fresh). The mechanism he proposed back then is identical to the one in the new DIS Arbitration Rules, which has also been included in the Prague Rules…
…Act. After all the Supreme Court in Yeshwant Deora v. Walchand AIR 1951 SC 16 had held that “rules of equity have no application where there are definite statutory provisions…
