…the presumption that challenges under Section 4 of the FAA are decided by the courts could be overcome if there was ‘clear and unmistakable’ evidence of the intention of the…
…SCC Rules 2010. In 2019, the Svea Court of Appeal dismissed Poland’s challenge to the award (Case No. T 8538-17; T 12033-17). According to the Svea Court of Appeal, the…
…main Rules. This means they are applied in conjunction with the main Rules, so long as there is no direct conflict with the main Rules. The ICDR has managed expedited…
…the Prague Rules, which aim to provide a civil-law oriented alternative to the IBA Rules on the Taking of Evidence in international Arbitration. The criticism about diversity can be understood…
Gender and ethnic inequalities in the workplace have been the norm for decades with no effective measures been taken to address them, despite mounting evidence of discrimination and disadvantage faced…
…Act. failure or impossibility to act,4)Article 14 of the Act. as well as taking of evidence.5)Article 27 of the Act. The revised Armenian Judicial Code which entered into force on…
…are nonetheless taking place in the Italian legal regime and the new CAM Rules represent a welcome step forward to make Italy more attractive as an arbitral seat. Introduction:…
…the parties after taking into account other contractual terms. The Emerging Focus on the Express Choice However, in the recent English Court of Appeal case of Kabab-Ji SAL (Lebanon)…
…should be searched efficiently is also reflected in Article 3.3(a)(ii) of the IBA Rules on the Taking of Evidence in International Arbitration (the “IBA Rules”). Why use predictive coding…
…the Russian Federation (para 4.6.1). The Court holds that Article 26 ECT provides for international arbitration under the UNCITRAL Rules for violations of ECT provisions. It does not accept Russia’s…
…an estoppel arising from unequivocal representations by KFG that the transfer of the rights and obligations under the FDA was valid. Unless KJ could produce evidence to establish such an…
…rules to this situation. This allowed the court to avoid discussing the relationship between EU law and intra-EU investment arbitration, by ruling that “in the present case, the arbitral tribunal…
…guidance should soon be available as the ICCA-IBA Joint Task Force on Data Protection in International Arbitration is expected to issue a Draft Roadmap on data protection in international arbitration…
…that there is a disparity in the approaches of various jurisdictions on issues pertaining to construction contracts, a closer examination would reveal that the niche rules applicable to them are…
…limited force: references to the ‘eyes of the parties’ in the IBA Guidelines and to ‘justifiable doubts’ in the 1976 UNCITRAL Rules demonstrate that the arbitrator’s subjective assessment will be…
…to the UN rules of confidentiality. The Joint Commission would have 15 days to resolve the issue, but can extend that time period by consensus. The JCPOA does not indicate…
…investor-state mediation rules, Frauke Nitschke summarises the latest draft of ICSID’s rules for investor-state mediation, which were published in August 2019. Frauke outlines the scope of these rules and their…
…(Founding Partner, Zulficar & Partners) with Professor Denis Mouralis (Aix-Marseille University), Eric Teynier (Founding Partner, Teynier Pic) and Benjamin Garel (Legal Counsel, ICSID) respectively as speakers. Taking the floor, Professor…
…Rules of Arbitration of the DIFC-LCIA (the “DIFC-LCIA Rules”) and the DIFC Arbitration Law (the “Arbitration Agreement”). In addition, Clause 10 of the Subcontract provided for the exclusive jurisdiction of…
…bodies may not accept the proceedings to be conducted under the rules of arbitration centers located outside the Kingdom, except in disputes with foreign contracting parties. Third, the Implementing Regulations…
…heard. However, there was no evidence that the violation of the athlete’s right to be heard could have had any bearing on the panel’s decision. A false or arbitrary reasoning…
…Court dismissed the appeal stating that unilateral contacts between a party’s counsel and an arbitrator are not generally forbidden. Having regard to paragraph 8 (a) and (b) of the IBA-Guidelines…
…released in July, marked crucial progress toward evolving investor obligations regarding human rights on the international plane. Finally, the much-anticipated final text of the Hague Rules on Business and Human…
…In comparison to the previous Arbitration Rules and the Rules of Expedited Arbitration (hereafter the “2013 Rules”), the Institute will now require an advance on costs in all arbitration proceedings,…
