…adventures and those for the sale of goods – to contain an arbitration agreement, and a set of arbitral rules which will govern the dispute resolution between the parties. The…
…that those present at the dinner had provided evidence that more important than the popularity of the seat as a measure of London’s success as a center for international dispute…
…the “English way” of conducting international arbitration, and, in this context the role of the Prague Rules on the Efficient Conduct of Proceedings in International Arbitration. Related to this, Andrew…
…of the procedure available under the SCC Arbitration Rules, first introduced in 2010. David emphasized emergency arbitration decisions in JKX Oil v. Ukraine, TSIKinvest v. Moldova (see the inapplicability of…
…have dispute resolution take place in neutral fora. This trend can be tracked in the marked increase in the number of disputes under the LCIA rules in the banking sector…
…the LCIA’s 2014 Arbitration Rules. Do you see a further update of the Rules in the LCIA’s near future? If so, what are the top three areas you would focus…
…Such violation can be restored by granting parties the right to file a claim with a competent Russian state court in accordance with general jurisdictional rules resulting from the invalidation…
…be in line with the evidence presented in Figure 2A above, which suggests that—for this case type—there appears to be some relationship between claim amount and settlement frequency. In contrast,…
…a number of sovereign properties, e.g. properties used for diplomatic purposes, enjoy immunity from enforcement. The rules for enforcement of arbitral awards in Russia are governed by the 1958 Convention…
…IBA Rules is “very specific” and “refers to the expert’s present or past relationship with any of the Parties and other actors in the proceeding” (i.e, does not require disclosure…
…new models of Bilateral Investment Treaties, such as the Dutch Model Bilateral Investment Treaty; (ii) the amendment process of the Arbitration Rules of the International Centre for Settlement of Investment…
…brought to the system. USMCA is only an illustration of a change that is taking place over the world. For instance, UNCITRAL is working on the reform of investor-state dispute…
…EU law would only be breached if the CETA Tribunal could (i) interpret and apply EU rules other than the provisions of the CETA or (ii) issue awards having the…
…(the “Rules”) in April 2017. As per the Rules, parties can designate CIETAC Hong Kong as an appointing authority to appoint arbitrators(s) in an ad-hoc arbitration. The Rules have been…
…decision of the Paris Court of Appeal dated 10 June 2004. , judges and arbitrators directly apply substantive rules of lex fori without raising any argument as to the law…
…before claims can be submitted to a number of fora including arbitration under the ICSID Convention, ICSID Additional Facility Rules, UNCITRAL Arbitration Rules or such other rules that the disputing…
…greater scope for meaningful comparison of competing evidence when presented side-by-side; the moderating effect that the threat of contemporaneous rebuttal might have upon a witness’s evidence; and shorter hearing times…
…ISDS from the treaty. It noted its policy of taking ‘a case-by-case approach to the inclusion of ISDS commitments in international trade agreements’, and undertook to ensure that any ISDS…
…settlements? The VIAC Rules 2018 have three parts: Rules of Arbitration (part I), Rules of Mediation (part II) and Annexes (part III); this means that arbitration and mediation now are…
…evidentiary purpose of assessing, ex post, the existence of corruption. By contrast, in Prof. Yackee’s view, red flags of corruption could go into the “bucket” of evidence, albeit taking into…
…the applicable Stockholm Chamber of Commerce (SCC) Arbitration Rules (namely, articles 5(1)(i) and 24(2)(i)) – Poland accepted the jurisdiction of the arbitral tribunal. Without making such a timely and clear…
…rules. In the case of ICC arbitrations, for instance, Korean parties became overall more active than Chinese and Japanese parties in objective numbers despite the country being significantly smaller in…
…ISDS procedural reforms and expedited proceedings under the UNCITRAL rules. The keynote speech from Professor Catherine Rogers of Penn State University and Queen Mary, University of London discussed the development…
…consent to their appointment. Prevailing Rules Regarding the Role of Arbitral Secretaries The ICCA Guide on Arbitral Secretaries attempts to enlist the best practice principles for the appointment and…
