…arbitrators) ruled on hundreds of disputes, sometimes involving particularly fraught points of international law, all this while applying and interpreting the UNCITRAL Rules of arbitration (lightly amended) in ways that…
…a sovereign State as illegal.”6)“London court rules DP World Djibouti contract ‘valid and binding’ – Dubai government”, Reuters, Aug. 2, 2018. “We are not concerned by what the London Arbitral…
…dealing with arbitral jurisdictional challenges, except for cases of pathological arbitration agreements. These decisions provide evidence that the SCJ strongly supports the negative effect of the Kompetenz-Kompetenz rule and, therefore,…
…Rules (2014), which include an Annex with “General Guidelines for the Parties’ Legal Representatives.” Other arbitral institutions have similar rules providing for arbitrator discretion in assessing and sanctioning party conduct….
…the powers of state courts to assist in evidence taking in international arbitration varies widely between these jurisdictions, from allowing only orders for preservation of key evidence in Mainland China…
…As such, two separate sets of rules now apply to the recognition and enforcement of awards in the UAE: Article 55 of the Federal Arbitration Law provides for enforcement of…
…with Guaidó’s government will need to meet a high standard before it is recorded in a consent award, pursuant to Article 33 of the 2017 ICC Arbitration Rules. Article 33…
…evidence. In other words, the clean hands doctrine should allow them to rely on the evidence. Interestingly, the court, relying on numerous English precedents, held that there is still a…
…against them unless they are adequately represented. This problem stems from the nature of the underlying dispute and arises regardless of the particular dispute resolution method adopted. Procedural rules applicable…
…clearer way. There is, of course, no easy or quick way to achieve such integration. In this respect, some initiatives were discussed, such as the IBA Presidential Task Force on…
…Rules innovate or duplicate existing rules and guidelines, such as the IBA Rules on the Taking of Evidence in International Arbitration (the “IBA Rules”) (this section was dealt with by…
…amendments. After taking the unusual step of seeking further submissions on the Departmental Report, and seeking specialist advice from a former High Court Judge, the Select Committee agreed with the…
…freezing injunctions may be affected in certain cases by the agreement of the parties concerning the powers of the Arbitral Tribunal or the provisions of the relevant institutional rules. This…
…1999 The previous Swedish Arbitration Act of 1999 (“SAA 1999”) entered into force on April 1, 1999, as the result of Sweden’s endeavor to modernize its arbitration law taking inspiration…
…gave wide discretion to tribunals and therefore there was often broad scope for parties to introduce large volumes of external evidence; one option being used to address this and encourage…
…the Achmea judgment is applicable to intra-EU DTT-based arbitration agreements as well; hence, aren’t both type of arbitrations capable of undermining the supremacy of EU law? Taking into account the…
…measures, the Arbitration Rules and the Rules for Expedited Arbitration of the Arbitration Institute of the Finland Chamber of Commerce (FAI), in force as of 1 June 2013, provide specific…
…chairman, sole arbitrator, counsel etc.)2)See Article 15(5) of the 2019 CAM Arbitration Rules, Article 17(7) of the 2017 GIAC Arbitration Rules, Article 13(1) of the 2017 ICC Arbitration Rules, and…
…English Arbitration Act and the ICC Rules permitted an arbitrator to award “other costs.” Fellas noted that many other arbitration rules provide an arbitrator with that authority. With respect to…
…those submitted by the parties. It can also take initiatives to obtain factual evidence as a counterpart of the application of law. An award is not subject to review on…
…ADGM Arbitration Regulations. The foregoing, and rather self-evident, conclusion is underlined by Article 32 (Determination of rules of procedure) of the Arbitration Regulations 2015, which provides in sub-section (3): “Unless…
…as main criterion the real value, in market conditions, of the damaged goods and/or establishments. Translating the UNCC Model to Class Arbitration in Brazil Taking a cue from UNCC…
…the jurisdiction, recognition and enforcement of decision across the European Union are regulated by the Recast Brussel Regulation 1215/2015 which, broadly, provides for: Specific rules for determining the intra-EU jurisdiction,…
…11; Massive Trucks Claim etc.). The first reason, explained Sir Roth, is the disclosure procedure, given that access to evidence is a key element for most of the competition disputes….
