…in 1996. Senior lawyers have also reported a reluctance by some to entertain security for costs applications, even though the powers have been written into LCIA Arbitration Rules since 1998….
…the clause itself is certainly to be applauded. No Duplication of the Rules on Joinder As the 1998 ICC Rules did not include provisions for joinder and multi-party scenarios, the…
…relating to bonus, quality and penalty payments arose in 1999 between Coal India and White Industries. The latter commenced arbitration under the ICC Arbitration Rules and secured an award in…
…the Claimant, unless the parties agree otherwise. (Section 14, para 2). Consolidation of arbitrations While modern rules of arbitration, such as the SCC 2017 Rules, provide for consolidation and…
…that the default rule in UNCITRAL remains one of confidentiality, as most treaties that are still being heard were completed before the 2013 Rules of Transparency came into effect. In…
…professionalism of arbitrators. He noted that sometimes this comes with the arbitral procedure being standardized, when arbitrators systematically reproduce procedural rules like including document production rules when the parties have…
…that is entitled to administer disputes under the ICC Rules. The reference to the ICC Rules is, therefore, sufficient to stipulate the dispute resolution procedure without any ambiguity. Furthermore, there…
…Does CAJAC have its own arbitration rules as yet? If not, when if at all, will the CAJAC rules be issued? Currently, each of the centres have their own international…
…protections and internal rules and codes for lawyers regarding the protection of client data. Legal advisors are often best placed to assess the nature of the information that will be…
…AI. This approach, if considered and adopted, would have been in sync with what most prominent AI do globally (for example, see Rule 39 – Confidentiality of SIAC Rules and…
…rules upon, having to limit its decision to any violations of Brazilian federal legislation. . The 1st Instance Judge set aside the Award for the violation of the parties’ right…
…the tribunal rules as a preliminary question that it has jurisdiction, request the competent court to review and make its own determination on the matter. Furthermore, consistent to the Model…
…shareholder(s)’, a group of persons are treated as controlling shareholders only when they are ‘acting in concert’ (see example Companies Act, Listing Rules and Takeover Code). Proof of concert requires…
…and institutional rules3)For example Article 31 of CAAI Arbitration Rules; Article 21 (3) of ICC Rules of Arbitration; Article 29.2 of ACICA Arbitration Rules; Article 22.4 of LCIA Arbitration Rules;…
…Rules 2018, Art. 1.5. , ICC2) ICC Rules of Arbitration 2017, Art, 29(6)(a) and LCIA3) LCIA Arbitration Rules 2014, Art. 9.14. expressly state that their EA provisions do not apply…
…or rules in order to: (i) prevent the application of less ‘credible’ laws or rules and parties’ benefitting from a more acceptable legal framework; (ii) avoid a particular law or…
…might use idiosyncratic local rules to undermine the broad enforcement goals of the Convention. Nonetheless, they believed this exception to enforcement was a necessary safety valve that would prevent intrusion…
…with assessing the compliance of the award with mandatory rules and public policy of the seat of arbitration or potential places of enforcement of the award to comply with their…
…with UNCITRAL Arbitration Rules and the Arbitration Institute of the Stockholm Chamber of Commerce Arbitration Rules (SCC Rules) shows that the amended rules will allow ICSID to catch up with…
…all, but in some) the civil procedural rules are strictly followed, including the traditional rule that “no one can serve as evidence of their own case”. Hence, general managers, CEOs,…
…was maintained in the revised bill. D. Duty to object immediately to breaches of procedural rules By contrast with the draft bill which was silent on this point, the…
…place under art. 31 of the 2018 Rules relating to the case management conference and under Annex IV of the Rules relating to case management techniques. The former takes place…
…Arbitration on various grounds: (i) a breach of rules of natural justice, (ii) a breach of the arbitration agreement, particularly by unequal treatment, a lack of opportunity to present its…
…Arbitration Rules, Art.15(1) ICC Rules, and in Art.14(1) LCIA Rules. This discretion stems from the principle of party autonomy and the procedural autonomy of arbitrators. It provides for efficiency and…
