…of the BITs offer options, at the investor’s choice, between arbitration under ICSID Arbitration Rules and ad hoc UNCITRAL Arbitration Rules. The Cambodia-Croatia and the Cambodia-Netherlands BITs further include the…
…the world is now relatively straightforward. 2. Contemporary arbitration framework – legislation and rules Each of Australia, Korea and Malaysia has contemporary frameworks governing international arbitrations, whether rules or governing…
…exchanged various drafts of the agreement, all of which contained an arbitration clause providing for arbitration under the FAI Arbitration Rules (“FAI Rules”). The clause read as follows: “Any dispute,…
…Second Circuit upheld the district court’s decision to vacate its earlier judgment of enforcing the award. The motion to vacate the judgment under Rule 60(b)(5) of the Federal Rules of…
…this reflects the view not only of private parties, but also of many states. The speakers agreed, however, that it is necessary to adopt and enforce strong conflict rules; procedural…
…Rules”). The 2013 Rules, while maintaining the “light touch” approach of the 2008 Administrated Arbitration Rules, made important contributions to international arbitration by introducing unprecedented provisions on multi-party and multi-contract…
…remedy available through the court of the seat of arbitration, as selected under Article 18.1 of UNCITRAL Rules, 2010. As to the basis to exercise jurisdiction, the Delhi High Court…
…in the case of conflict, EU rules prevail. Nonetheless, the EC has argued that an implied disconnection clause must be read into the ECT. The EC has also argued that…
…in arbitration. Notably, Helmerich does not create an enhanced pleading standard for takings, such as is required for fraud or mistake claims under Rule 9 of the Federal Rules of…
…arbitration. More experienced attorneys, who previously practiced predominantly in the courts of their own country, must now represent their clients in disputes governed by a set of arbitration rules, mostly…
…arbitration users who seek protection and preservation of their rights before the constitution of a full tribunal. However, most arbitral institution rules that include rules on emergency arbitrator procedure fail…
…By that Order, the DIFC Court recognised and enforced a pair of arbitration awards rendered under the LCIA Rules in London and permitted alternative service of the Order on KRG’s…
These two-parts blog posts look into the ways that states can control the exercise of tribunals’ discretion and their implications. Of course, states can prevent unintended results from happening by…
…which arbitral tribunals enjoy at the interpretation stage is a function of particular treaty language. It is true that open-ended standards provide tribunals with more flexibility than rules specifying in…
…under the UNCITRAL Rules by a tribunal of US arbitrators. Enforcement is sought in the US, the UK and France, and granted in the US and the UK. A setting…
…Rules, the LCIA Rules, and the 2010 UNCITRAL Rules also provide for a respondent to make a counterclaim.1) Rule 40(1) of the ICSID Arbitration Rules; Article 5 of the ICC…
…‘led investment tribunals to grant precedence to the contractual rules that have been agreed upon by host states and investors’. For others, human rights are ‘a marginal issue in investment…
…privilege, professional secrecy, advocate secrecy, business secrecy, commercial secrecy, the English rules, the US rules, and the lack of rules in China and other countries. I tend to very much…
…would be free to nominate one or more conciliator(s). They may chose institutional rules, and/or request the assistance of institutions to appoint conciliators. The new rules would establish impartiality and…
…arbitration claims using UNCITRAL rules, or the possibility of using the Additional Facility Rules of ICSID, and even ICC arbitration. Among the arbitration claims filed against Bolivia after the denunciation…
…than naming its standard Rules for use in the ADGM the “ADGM-ICC Rules” or a derivative of (again following the model of the DIFC-LCIA Rules). At this stage, it is…
On 1 March 2017 the Austrian Supreme Court (Oberster Gerichtshof) ruled on whether potential claims under the Austrian Commercial Agents Act (Handelsvertretergesetz) can be brought before an Austrian court even…
…Polish government argued in favor of termination of intra-EU BITs saying that “Poland is, an EU Member State, established democracy which respects market rules and has a confident, independent, and…
…its rules in 2014. They are available in Portuguese, English and Spanish and now including rules regarding emergency arbitrators, a fast-track arbitration procedure and an arbitrator Code of Ethics that…
