Is Brazil an Arbitration-Friendly Jurisdiction?
…the LCIA, or one of the renowned Brazilian arbitral institutions: CAM-CCBC (whose rules of arbitration were adopted for the 2017 Vienna Vis Moot), CAMARB, Ciesp/Fiesp, CBMA, Amcham and others. …
Search Results for: prague rules
Can Article 25 Arbitration Serve as a Temporary Alternative to WTO Dispute Settlement Process?
…(Understanding on Rules and Procedures Governing the Settlement of Disputes, arts. 4.4, 4.7). Also, the DSU rules govern notice, consultations, discovery, panel establishment and proceedings, and report circulation. Furthermore, the…
Procedural Reform: Two Party-Appointed Arbitrators and a Presiding “Expert”
…be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause, except for the establishment of the…
The ICC Secretariat Behind the Scenes: A Chat with Ana Serra e Moura
…Rules. In terms of appointments, the ICC receives proposals from their national committees when seeking a specific profile for an arbitrator. Luiz Aboim asked the Deputy Secretary General about Expedited…
The Whispered Conversation: Hong Kong v. Singapore
…pro-arbitration laws and the rules of their leading institutions, which is to be preferred as an arbitral seat? Starting with Singapore, the little city-state is on steroids when it comes…
Additional Award, Allocation of costs, Arbitrability, Arbitral Award, Arbitration, Arbitrator's Fees, Arbitrators, Dispute, England, English Arbitration Act, English courts, English Law
Costs in International Arbitration – Are Changes Needed?
…See for example Articles 38(4) and (5) of the ICC Rules and Article 28.4 of the LCIA Rules. In this regard, it is notable that efficiency and cost-effectiveness appears to…
The New Year Arbitration Quiz: 2019
…The United States of America c. Ecuador d. Australia e. The Netherlands 3. Which set of arbitral rules incorporates a code of conduct for arbitrators, with the possibility of…
Paraguayan Court of Appeal Recognizes Arbitrators’ Powers to Decide Issues of Illegality and Corruption
…awards, which comprises fundamental rules of natural law, principles of universal justice, jus cogens in public international law, and the general principles of morality accepted by what are referred to…
Proposed Repeal of Section 11 (6A) of the Arbitration and Conciliation Act, 1996: Who Decides the Question of Existence of an Arbitration Agreement?
…the arbitration agreement as a counter-blast to one party filing an application under Section 11. Explicit rules and guidelines will have to be formed and implemented if the above task…
Do Parties Adopt Model Arbitration Clauses from Arbitral Institutions?
Arbitral institutions commonly offer model arbitration clauses for parties to incorporate into their contracts. Gary Born has stated that “[i]n the overwhelming majority of cases, … international arbitration agreements are…
Arbitration, Arbitration Agreements, Domestic Courts, ICC, ICC Arbitration, ICC Rules, Kuwait, Third party funding, UNCITRAL, UNCITRAL Arbitration Rules, UNCITRAL Model Law
The First ICC Kuwait Arbitration Day
…Leginsky deliberated on the developments in and emergence of regional arbitration seats like DIFC, ADGM, and the QFC. The ICC Rules The revised ICC Rules took effect on 1…
7th Asia Pacific ADR Conference Review: Innovating the Future of Dispute Resolution
…the AAA/ICDR and CIETAC expedited procedure rules, while emphasizing that the success of the procedure is dependent not so much on the rules but on the right case manager who…
Africa, Arbitration, Arbitration Agreement, Arbitration clause, Arbitration institution, Dubai, UAE Federal Arbitration Law, UNCITRAL Model Law, United Arab Emirates
Dubai Arbitration Week Recap: New Frontiers in Arbitration – The MENA Region
…on time and cost efficiency. This approach is enshrined in the four principles of its Rules. The institution issued its first arbitral award conducted under its Rules last year. …
Brexit, Cognitive Biases and the Jurisdictional Conundrum
…and many more refer to the conflict of jurisdiction rules that are regulated by Civil Procedure Codes, Acts and Regulations. There are a number of reasons for which parties initiate…
Three ‘Pitfalls’ for the Unwary: Third-Party Funding in Asia
…the new 2018 HKIAC Administered Arbitration Rules coming into force on 1 November 2018 contains such disclosure rules. Under Rule 24(l) of the SIAC Investment Arbitration Rules, the Tribunal has…
Lessons from Perú’s Legacy in Public Procurement: A Successful Approach to Follow and Mistakes to Avoid
…arbitrations is the absence of rules on how arbitrators have to conduct procedures in line with the standards of fairness and impartiality. By failing to issue awards in a timely…
Achmea, Croatia, Energy Charter Treaty, Germany, Hungary, Investment Arbitration, Investment Treaties, Slovakia, Spain
Intra-EU ECT Claims Post-Achmea: Vattenfall Decision Paves the Way
…consider jurisdictional issues under the ICSID Rules, remarking that it would have seen fit to consider the intra-EU issue, even if Germany had not raised the objection. Recently, a tribunal…
The Prague Rules: The Real Cultural War Isn’t Over Civil vs Common Law
…Prague Rules could be revised to complement the IBA Rules this way, or the IBA Rules could be revised to offer a “Prague Option”, among others, for parties and tribunals…
Human Rights, ICSID, ICSID Arbitration, Investment, Investment Arbitration, Investment law, Investment protection, Investment Treaties, Investor, Investor duties, Investor-State arbitration, ISDS
David Aven v. Costa Rica: An Aftershock of Urbaser v. Argentina?
…rights through hard law instruments, such as bilateral investment treaties and investment rules in free trade agreements, and have access to a system of investor-state dispute settlement, there are no…
The Contents of Journal of International Arbitration, Volume 35, Issue 6, 2018
…in most arbitral rules. As a consequence, it can be unclear whether a withdrawal is without prejudice or with prejudice (i.e., a ‘waiver’ of the claims). Also, it is questionable…
Arbitration, Arbitration Proceedings, Document Exchange, Document Production, IBA Rules of Evidence, Prague Rules
Document Production in International Arbitration: The Good or the Evil?
…gaps. Leaving aside the above discussion that is based on the purposes of the IBA Rules and the Prague Rules, there are numerous similarities between them. Both rules leave the…
Adhesion Contracts, Arbitration Agreement, Brazil, Brazilian Arbitration Act, Franchising Contracts, kompetenz-kompetenz
Recent Developments on Arbitration in Franchising Contracts: a Brazilian Perspective
I. Introduction Despite the fact that commercial arbitration has experienced a huge development in Brazil in the last years and a general favorable approach by Brazilian courts, there are fields…
So You Think You Can… Enforce an Arbitral Award in the Kingdom of Saudi Arabia?
…and that the foreign court/arbitration tribunal which passed it is competent in accordance with the international rules of jurisdiction set down in the laws thereof; 2) the litigants to the…
Can I Get A … Diverse Tribunal?
…York, administered by the American Arbitration Association (AAA) under the AAA’s Commercial Arbitration Rules and governed by New York law. Iconix commenced arbitration according to this provision. The arbitration clause…