Legitimacy of Arbitral Appointments in India
…fourth arbitration. Two applications were filed by the Appellant under Sections 12(3), 12(5), 13 and 14 of the Act read with the International Centre for Alternative Dispute Resolution Rules 1999,…
Search Results for: prague rules
Hong Kong Arbitration Week Recap: 2018 HKIAC Rules and How They May Help in Resolving IPP Project Disputes
…also the day on which the new 2018 HKIAC Administered Arbitration Rules (“2018 Rules“) came into force. The 2018 Rules showcased the latest thinking in arbitration and these amendments –…
Hong Kong Arbitration Week Recap: ADR in Asia Conference – The Vision in Revision
…Tang GBM, SBS, QC, SC, JP and Rimsky Yuen GBM, SC, JP. Mr Gearing spoke to a number of positive developments at HKIAC, including the adoption of new rules which…
Hong Kong Arbitration Week Recap: Making Arbitration Fit for the Future
…Innovation: Improving Institutional Rules as the Answer HKIAC’s Sarah Grimmer then took the floor and introduced the audience to the brand new HKIAC Administered Arbitration Rules, which will come into…
Kick Off: HK Arbitration Week 2018
…HKIAC Arbitration Rules (2018 edition) and the SIAC Rules (2016 edition). Mr. Ng considered these powers to be a useful tool that gives comfort to arbitrators that they can summarily…
Attribution, ICSID Arbitration, ILC Articles on State Responsibility, Investment Arbitration, Investment protection, Investor-State arbitration
Attribution in Investment Arbitration: From Stricto Sensu to Lato Sensu
…Citing serious irregularities in the bankruptcy sale, the respondent challenged the validity of the bankruptcy sale and contended that the rules of attribution operate only for the purposes of establishing…
Tailwind for Arbitration in Uruguay: the Model Law Finally Reaches Safe Harbor
…will of the parties cannot determine the internationality of the arbitration” (art. 1.4). This limitation is rooted in Uruguay’s restrictive approach to party autonomy under its private international law rules,…
Arbitral Precedent: Still Exploring the Path
…the decision, which is not a particularity of the arbitral process, since certain judicial court decisions, depending on each country’s rules, are also based on equity and these ones also…
Deep Sea Mining, Arbitration and Environmental Rules: What Role for Standards?
…be conducted in accordance with the UNCITRAL Arbitration Rules or such other arbitration rules as may be prescribed in the rules, regulations and procedures of the ISA, unless the parties…
Do Party Appointments Encourage Compliance With Awards?
…relevant arbitral rules or legislation. Others will, perhaps deliberately, leave the appointment structure to those relevant rules and institutions or courts. Under the LCIA Rules (whereby parties nominate rather than…
Proposed 2018 Amendments to Indian Arbitration Law: A Historic Moment or Policy Blunder?
…they are costly and cause delay. There was, however, one favourable change suggested in the Report – to provide model arbitration rules. Although this was not intended to directly benefit…
The Contents of the ASA Bulletin, Volume 36, Issue 3 (September 2018)
…The new Uniform Arbitration Act, the new Rules of Arbitration of the Common Court of Justice and Arbitration (Abidjan) and the new Uniform Mediation Act, adopted by the Council of…
BCLP International Arbitration Surveys: Party Appointed Arbitrators and the Drive for Diversity
…provide for this and the appointment procedures of many institutional and ad hoc rules permit party appointment or nomination. Large numbers of users of arbitration favour party appointments and it…
HKIAC Introduces New Rules
In August 2017, the Hong Kong International Arbitration Centre (“HKIAC”) launched a rules revision process to consider amendments to the 2013 HKIAC Administered Arbitration Rules (“2013 Rules”), having regard to…
SOAS Arbitration Report 2018 Bolsters Conversation on Arbitration in Africa
…the new Uniform Act on Arbitration Law, the revised Arbitration Rules of the Common Court of Justice and Arbitration (CCJA) and a new Uniform Act on Mediation. These developments are…
Tips from the top: Young ICCA interviews Nora Fredstie
…ICSID, LCIA, SCC, CRCICA and UNCITRAL arbitration rules. Further to her counsel work, she has acted as administrative secretary to arbitral tribunals, both in commercial and in investment arbitrations. She…
Brazil, Cooperation and Facilitation Investment Agreements, Investment, Investment agreements, Investment protection
Brazil Warms To The Global Procurement Market Further With New Chile Treaty, But Still No Arbitration For Investors
…the government procurement markets. Chile is the latest State to enter into a PPA with Brazil, which provides rules for the mutual increase in the participation of Chilean and Brazilian…
Why Arbitration Needs Conflict of Laws Rules
…are an undesirable straitjacket forcing the arbitral tribunal to determine the applicable law according to rigid and complicated rules and thus hindering it from considering whatever rules it deems appropriate….
Could Blockchain Become The New Standard For Transparency in Investment Arbitration?
…It was under this context that the UNCITRAL Rules on Transparency in Treaty-based investor-State Arbitration (“UNCITRAL Transparency Rules”) sought to clarify the extent of confidentiality and transparency in investment arbitration….
Arbitrability, Brussels Regulation, Europe, European Convention on Human Rights, France, Russia, Unilateral Clauses
Are Unilateral Option Clauses Valid?
…to note that under general rules of contract law, consideration should be present, but need not be adequate … the unequal position[s] of the parties, including presumably the imbalanced consideration,…
Efficient Arbitration – Part 4: Document Production in International Arbitration
…The commonly used procedure for document production, as set forth by the 2010 International Bar Association Rules on the Taking of Evidence in International Arbitration, includes the following steps: •…
ILC Articles on State Responsibility, Investor-State arbitration, State Responsibility, State Responsibility for Damage
A Debate About the Not So Straightforward Applicability of the Articles on State Responsibility to Investor-State Arbitrations
…the future amendments to the ICSID Arbitration Rules and Spain’s renewable energy cases. During the conference, a debate about the applicability of the International Law Commission’s Articles on State Responsibility…
Arbitration, Arbitration Awards, Arbitration Proceedings, Blockchain, Enforcement, International arbitration
The Blockchain ADR: Bringing International Arbitration to the New Age
…era. Moving Forward In order for users to rely on this, it will again be necessary for institutions and legislators to adapt rules and laws. First, the New York Convention…
The Contents of Journal of International Arbitration, Volume 35, Issue 5
…Law in Africa (OHADA) revised its UAA and adopted a new Uniform Act on Mediation (UAM), along with a fresh set of arbitration rules of the Common Court of Justice…