…international best practices and top-class arbitrators. TIAC arbitration rules adopt the latest thinking in arbitration. For instance, the rules enhance transparency and legitimacy by giving additional powers to arbitrators (e.g….
…by Modexel Consultores e Servicios S.A. (MODEXEL) against Alimentos Polar Comercial C.A. (POLAR) under the Business Center for Conciliation and Arbitration (CEDCA) arbitration rules. In essence, that decision arises out…
…apply the New York Convention. Before turning to the question in the headline of this post, there is another burning question that needs to be answered first: Where is the…
…moderator, the panel was comprised of the following esteemed speakers: Mr Gary Born (President, SIAC Court of Arbitration; Chair, International Arbitration Practice Group, Wilmer Cutler Pickering Hale and Dorr LLP);…
…for Amendment to the ICSID Rules (the “Proposed Amendment to ICSID Rules”) (see recent blog coverage here) These institutional reforms focus largely on procedural rights including, inter alia, fostering transparency,…
…institutional rules,4)Article 42 of the ICC Rules 2017, Article 32.2 of the LCIA Rules 2014 and Article 41.2 of the SIAC Rules 2016. draft awards are subject to either formal…
…law, animating arbitration proceedings. This is not new or COVID-19-related, but, certainly, not being able to meet in person for months had removed much of the resistance to technology in…
…the success of arbitration, and supports the idea of arbitration. The Intersection In case of a conflict, most international arbitration award holders would not find enforcing awards against an…
…powers and funding of the Serious Fraud Office (“SFO”) have been gradually increasing, and the appointment of a new Director in 2018 has given new impetus to the SFO’s investigation…
…language referring to the national’s compliance with a host state demand for arbitration quickly disappeared”1)Kenneth Vandevelde, Bilateral Investment Treaties: History, Policy and Interpretation 458 (2010). from similar provisions in successive…
…from other arbitral institutions? 2017 was an important year for us as we introduced new and modernized Arbitration Rules and Rules for Expedited Arbitration. Another important development took place in…
…A Review of a Recent Case under TRAC Rules In a recent arbitration case under the Rules of Tehran Regional Arbitration Centre (TRAC), some issues of bankruptcy arose which are…
…session on 14 October 2019 (the New Rules of Evidence). These were formally promulgated on 25 December 2019 (Fa Shi [2019] No. 19). The New Rules of Evidence signal another…
…the country’s telecoms networks, its central position in the European economy and due to the legal framework established by the China-Germany BIT, which offers unique opportunities for ISDS actions in…
…in point: exponential growth in the number of international arbitrations intensely amplified competition among law firms, institutions, hearing sites, legal seats, universities, academics, and arbitration-related organizations. International arbitrators, however, have…
…by the Arbitral Tribunal itself.” ICC also informed Antrix that the arbitration clause substantially departed from the ICC rules and that the institution would conduct the arbitration following its rules…
…claimants to establish that Article 17 of the OIC Agreement provides consent to arbitration in general without providing additional evidence of consent to ICSID arbitration in particular. The tribunal, consisting…
…‘Emergency Arbitration’ of 2020 While the last decade will be remembered for the splash created by the invention of Emergency Arbitration and its subsequent wide adoption across institutional rules, this…
…under provincial jurisdiction. The nine common law provinces (i.e., all those other than Quebec) have separate statutes for domestic and international commercial arbitration. The international arbitration legislation implements the Model…
…registered the Request for Arbitration, implying that the dispute was not outside ICSID jurisdiction, despite there being no dispute resolution clause in the Unified-Agreement providing States’ consent to arbitration. Although…
…procedural rules and governing law of the arbitration. It considers three different scenarios: where the procedural rules or governing law of the arbitration expressly refer to “in person” hearings on…
…sought to restore its stake to 50%. Ukrnafta refused to agree and in 2007 Carpatsky commenced arbitration proceedings to recover its lost profits. The arbitration (seated in Stockholm under the…
…for SIAC tribunals to conduct the preliminary case management conference telephonically or virtually. However, given the dramatic change in the arbitration landscape in the past few months, SIAC tribunals have…
…approach to public policy In Hong Kong, the public policy defence has been adopted in Section 86(2)(b) of the Hong Kong Arbitration Ordinance (Cap 609) (“Arbitration Ordinance”).1)Note that Hong Kong…
