…the extant framework1)as contained within the Information Technology Act, 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. often tends to…
…the UNCITRAL Arbitration Rules in the Austria-Libya BIT to apply Article 7(2) (b) of the 1976 UNCITRAL Rules which provides that the Secretary-General of the PCA shall designate the appointing…
…an ICSID claim in 2005, which they won in 2013. The dispute concerned the withdrawal by Romania of tax incentives in furtherance of EU State Aid rules and became a…
…rights. The Commercial Court relied on expert evidence that even if the court had determined that Article 17 was contrary to Article 117 of the Jordanian Constitution, it would not…
…a different approach. The Court’s erroneous application of the amparo action is clear evidence of the lack of knowledge and understanding about the institutions and principles that inspire arbitration; a…
…agree to hold hearings online insofar that is permitted, either by national laws or by the rules of the arbitral institution. For instance, the 2017 Rules of the International Commercial…
…decide whether an arbitral tribunal had violated a party’s right to be heard in relation to allegations of contract simulation. Caroline DOS SANTOS, European Court of Human Rights Rules upon…
…exchange for its investment in a joint venture. When MHC failed to pay the Guaranteed Return, Sembcorp commenced a Singapore-seated arbitration under the 1998 ICC Rules. In 2004, the sole…
…an arbitration agreement. 2. Taking jurisdiction Other PRC courts have adopted a different position and chose to treat the existence of an arbitration agreement as completely within the court’s jurisdiction….
…problems in implementing the Singapore Convention in China and suggests how such issues might be addressed. In “Singapore case note: interpretation of MSAs and inadmissibility of evidence from mediation”, Nadja…
…a structured rules approach which emphasises efficiency and outcomes and inhibits variation and diversity. In “Optimism in mediation: Part 1 – The captain goes down with the ship”, inspired by…
…Regulation 1348/2000 (today substituted by Regulation 1393/2007). (Art. 20 Regulation 1348/2000) The 1970 Hague Convention on Evidence has no general disconnection clause. Nevertheless it was replaced in Member States relationships…
…construe such an irregularity as a circumstance giving rise to “justifiable doubts as to (the arbitrator’s) impartiality” (s24(1)(a)) or as evidence that the arbitrator has “failed properly to conduct the…
…arbitrators.9) Remarkably, we could not find a single arbitration institution with rules regulating the size of arbitrators. Obviously, our findings have already prompted many questions for further investigation. In a…
…Rules are evidence of the divergent approaches between legal systems. Finally, Elizabeth McKee Devaney offered her input about in-house counsel’s expectations for data privacy and security, and how important it…
…would advise to start by looking at the applicable arbitration rules. Most rules, including CPR’s rules, provide the tribunal with the discretion to determine whether or not to admit evidence,…
…conducting a consultation on amending its rules, and several States considering alternatives to the current system of investment treaty arbitration. A state of flux, however, also creates opportunity. With these…
…tribunals enjoy a rather wide discretion when deciding on the admissibility of evidence. Arbitration rules contain almost no guidance regarding the admissibility of illegal evidence specifically, and the Vis Moot…
…will be settled under the rules of a clearly defined reputable art-specialised arbitration body, instead of court-led litigation. Secondly, all good faith stakeholders in the art sector want impartial and…
…Report: Survey on Obstacles to Settlement of Investor-State Disputes). First, they may wish to avoid taking responsibility for a settlement, and many disputants prefer a terrible outcome imposed upon them…
…in most of the cases parties to the arbitrator’s contract do not agree on the applicable law, leaving this issue to be determined by the rules of private international law….
…some of these short-comings. Unlike earlier attempts, however, which focused on the possibility of consolidating disputes that are conducted under one set of procedural rules, the author, inspired by the…
…evidence based on general evidence rules. Generally, the tribunal is free to decide whether to appoint or not an expert witness, for e.g., as to detect defective work or to…
…rules on competence and exclusive competences attributed to the Brussels Enterprise Court for the entire country (such as with regard to patent disputes, European Trademarks and designs, and class actions)…
