…association. One way that NOMA tackles the perennial issue of ensuring efficient and quick proceedings is by streamlining international texts. For instance, as compared to the UNCITRAL Arbitration Rules on…
…such rules of law as are chosen by the parties as applicable to the substance of the dispute” (emphasis added; the quote stems from the UNCITRAL Model Law on International…
…the procedural requirements under Articles 15 and 17 of the Introductory Law to Brazilian Rules (LINDB) and Articles 216-D and 216-F of the STJ’s internal rules. Accordingly, the STJ will…
…of the 2017 ICC Rules, Article 28.1 2013 of the HKIAC Rules and Article 15 of the 2017 SCC Rules) which allow such consolidation may be regarded as administrative in…
…provides for investor-State arbitration between two Member States is contrary to [European] Union law…Union law provides for a complete set of rules on investment protection…Member States are hence not competent…
…upon existing BITs from the third generation that offer ICSID rules or UNCITRAL rules as possibilities. But such new rules might – nonetheless – impact the manner in which the…
…necessary to have legal instincts that one can only develop on the basis of a thorough knowledge of a domestic legal system. Things like statute of limitations, mandatory rules, defective…
…from a pre-vetted list of panelists who will be bound by rules that eliminate or severely limit the ability of judges to also serve clients (“double hatting”), among other important…
…a race to the top. States would compete not (or not only) to develop more lax corporate law rules. They would compete to develop rules that accommodate corporate efficiency and…
…IBA Rules on the Taking of Evidence in International Arbitration (the “IBA Rules”). It is instead the tribunal that is expressly empowered to determine the relevance, materiality, and weight…
It is trite that economic growth in Africa and the scale of investment into the region has thrust international arbitration to the forefront of dispute resolution on the continent. Indeed,…
…also allow the tribunal to decide on the motion without notifying this other party. In addition to the procedural rules of arbitration, the Arbitration Rules also address the rules of…
2017 was yet another significant year for international arbitration. Many arbitral institutions amended their arbitration rules, including: – the Stockholm Chamber of Commerce (SCC) Arbitration Rules and Singapore International Arbitration…
…the grounds of violation of substantive treaty standards. In its final 2012 award, the ad-hoc arbitral tribunal constituted under the UNCITRAL Rules and seated in Frankfurt, found that Slovakia had…
…directly covered by the IBA Guidelines. For example, in a recent case governed by the Arbitration Rules of the Finland Chamber of Commerce (the “FAI Rules”), Respondent B (i) first…
…favorable to foreign investors: arbitration under the UNCITRAL Rules, seated in The Hague (see, e.g., Article 26.5 in the standard form contract for the first bidding round for deep water…
…the Singapore International Arbitration Centre (SIAC) Rules. This post will discuss the Supreme Court’s reasoning behind the decision and, at the same time, will attempt to identify whether there are…
…an indemnity basis (e.g., ICC Rules and LCIA Rules empower tribunals to do so, if the arbitration agreement does not provide otherwise). That may also be insufficient to deter anchoring…
…to enable default judgment to be entered. The SIAC rules have provision in r 29 for early dismissal of claims and defences but they presuppose the existence of a defence,…
…their data to inform future predictions. A simple revision to the institution’s arbitration rules could do the trick. Confidentiality would be preserved as the parties’ data would be merely used…
…intent in the Introduction i.e. they do not aim to override any applicable national law or arbitral rules chosen by the parties and are not legal provisions. Generally, they perform…
The views expressed herein are the personal views of the authors and do not reflect those of their law firm. In France, until recently, rules governing the issue of sovereign…
…such processes for fear of offending the fair hearing rule. Close attention to the question, and to recent developments in institutional rules, and the treatment of challenges based on procedural…
…CCJA Rules. In the wake of this unfortunate episode, the CCJA Rules now explicitly provide that any fixing of fees without the CCJA’s approval is null and void, but that…
