…the award, within three months from the date of the establishment of facts constituting a ground for revising the award, unless another timeline is established by the rules or agreement…
…US Embassy in Kabul. That year, CLDP supported three teams (consisting of twenty students) that participated in the Afghan Pre-Moot by taking them to the 5th Vis Middle East Pre-Moot…
…threshold. Whether it is met will ultimately turn on an assessment of the measures adopted, by reference to the information available at the time, and taking account of the whole…
…freely select their desired representatives is embedded in the foundational principle of party autonomy. In Nigeria, a literal interpretation of the national arbitration rules prevents parties from selecting persons not…
…Nevertheless, the investment contract framework differs in many respects from the investment treaty one. One of the most prominent differences is related to the applicable rules of interpretation. This casts…
…side as well as evidence that the investor had no real assets in support of a request for security for costs. The arbitral tribunal rejected the reasons invoked by Bolivia…
…the drafting of the 1958 New York Convention: Nothing has proven to be as divergent as the rules of procedure. Imposing uniform rules would deter many States from signing the…
…the capacity for selection processes to result in the appointment of independent and impartial adjudicators also exist in domestic and even international courts. There is no irrefutable evidence that international…
…Article V of the New York Convention; and the role of domestic courts in relation to awards contrary to mandatory rules of law and essential public policies (Report, §80). In…
…Arbitration Club’s Code of Best Practices in Arbitration here). Discretionary Rules: The 2013 IBA Guidelines on Party Representation in International Arbitration The 2013 IBA Guidelines on Party Representation in…
Late last year, Herbert Smith Freehills Seoul and Kim & Chang held a “Women in Arbitration” Networking-Dinner and panel discussion as part of the Seoul ADR Festival 2019. The dinner…
…protection are provided for in Article 4, depart from the traditional Fair & Equitable Standard, preclude either nation from taking measures that constitute denial of justice, breach of due process,…
…evidence through video-conference” rather than attending oral hearings in person, when appropriate (for arbitrators and mediators); vi) to “be mindful that email has a carbon footprint”; vii) to “avoid traveling…
…indirect expropriation claims. Brazil believes that rules on indirect expropriation open the gates for abusive claims by foreign investors that limit a State’s capacity to adopt regulatory measures to pursue…
…courts’ approach. This post aims to give a summary of the discussions held in this session. Enforceability of interim reliefs and emergency measures under the applicable rules Prof. Dr….
…not proceed, and as a supra-national means of holding states to account, it is an important tool in promoting free, fair, and rules-based international trade and commerce. Furthermore, present concerns…
…appear in the arbitration proceedings, though they were notified according to the ICAC Rules and the Law of Ukraine on International Commercial Arbitration (Law on ICA) that in its totality…
…amicably settle investment disputes. Interestingly, 9 of the cases (i.e. 69%) were discontinued according to article 43(1) ICSID Arbitration Rules, based on the request of both parties. These findings might…
…Facility Rules. The Working Paper is the fourth in a series of working papers, preceded by Working Papers 1 (August 2018), 2 (March 2019), and 3 (August 2019). The reform…
…turning point in finally bringing online dispute resolution (ODR) to the world of international arbitration. The virus will also affect the way evidence is created, gathered and transmitted. Reliance on…
…submitted evidence, the court considers an annulment procedure to be meritorious, adjourn the outcome so that there is time to await the setting aside proceedings. The delegates did not draft…
…arbitration court may issue measures for the preservation of evidence before a tribunal is constituted. However, this provision only mentions measures relating to the preservation of evidence. For other types…
…example, at an early procedural conference) that such costs may be claimed by the tribunal in question, irrespective of the applicable institutional rules or guidance. An overall appraisal Given…
…one alternative to ICSID arbitration, usually in the form of arbitration under the rules of UNCITRAL, the International Chamber of Commerce, the Stockholm Chamber of Commerce, or the Cairo Regional…
