Search Results for: iba rules on the taking of evidence

2019 In Review, Amparo, Arbitration Act, arbitrators’ conduct, Brazil, Bribery, Colombia, Commercial Arbitration, Constitutional Court, Costa Rica, Ecuador, Guaidó, Kluwer Arbitration Blog, Latin America, Mexico, OAS Guide, Odebrecht investigation, Paraguay, Peru, Venezuela

(Herbert Smith Freehills)/ /Leave a comment

…new rules of arbitration, which will be in force starting in February 2020. Argentina: will positive decisions keep coming with the Fernández administration? While some uncertainty has arisen out of…

Arbitration Institutions and Rules, Arbitrator Challenges, Arbitrator's Fees, Public Policy, Set aside an arbitral award, Thai Arbitration Act, Thai Arbitration Institute, Thailand, Thailand Arbitration Center

(University of Paris Descartes)/ /Leave a comment

…on the immigration and working of aliens (“Certificate”). To be clear, the Amendment is not limited to arbitrations conducted under the THAC or TAI rules. The THAC and the TAI…

Arbitration, Arbitration institution, International arbitration, Madrid International Arbitration Center, Spain

(Clifford Chance)/ /Leave a comment

…so under the same national flag but with diverging arbitration rules, organizational frameworks and appointment of arbitrators systems. The distortions resulting from that setting are generally thought to have driven…

Achmea, Arbitration Awards, Foreign Investment Law, ICSID Convention, International Humanitarian Law, International Investment Arbitration, International Law, International Law Weekend, Investor-State arbitration, ISDS, ISDS Reform

, (Dechert), (Dentons US LLP), (Dentons), and (McDermott Will & Emery)/ /Leave a comment

…during ILW, taking the view that Achmea is relevant to non-EU enforcement courts when investors seek to enforce intra-EU BIT awards outside of the EU. For example, he noted that…

Arbitrator's Fees, Corruption, Impartiality, Odebrecht investigation, Peru

(Columbia Law School)/ /Leave a comment

…Rules of Arbitration, at Art. 38; London Chamber of Commerce Arbitration Rules, at Art. 2 of Appendix III; American Arbitration Association Commercial Arbitration Rules and Mediation Procedures, Administrative Fee Schedules….

Interim measures, Investment Arbitration, Investment Treaties, Investor, Investor-State arbitration, Provisional measures

(British Institute of International and Comparative Law (BIICL))/ /Leave a comment

…on provisional measures. The majority of public decisions in investor-state disputes were rendered under the ICSID Arbitration Rules, UNCITRAL Arbitration Rules and ICSID Additional Facility rules. Although arbitration rules have…

National Courts, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties

(Albright StoneBridge Group)/ /Leave a comment

…uniform interpretation of an instrument of international law. Articles 31-33 are what I refer to as the ‘Vienna Rules on Treaty Interpretation’. They have been created by the drafters as…

Achmea, Energy Charter Treaty, European Law, Intra-EU BITs, Intra-EU ISDS, Investment Arbitration, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties

(Colibra Insurance)/ /Leave a comment

…fundamental guidance, as the VCLT regulates cornerstone issues such conclusion, validity, termination and, very importantly, interpretation. Rules of interpretation as per the VCLT have lately become a point of focus…

International Investment Arbitration, International Law, International tribunals, Investment, Investment agreements, Investment Arbitration, Investment law, Investment Treaties, ISDS, ISDS Reform, Transparency, Treaty, Treaty Interpretation, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties

(Australian National University) and (University of Vienna)/ /Leave a comment

…evidence witness statements from persons present at the negotiations as a form of ‘supplementary means’ of interpretation under Article 32 of the VCLT. However, such a broad approach to defining…

International arbitration, International Law, International tribunals, Investment, Investment agreements, Investment Arbitration, Investment law, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties

(Proxenia Legal)/ /Leave a comment

The Vienna Convention rules for treaty interpretation (VCLT) routinely referred to by all international courts and tribunals are known to be the result of a compromise between different schools of…

Decision Making, ICSID Arbitration, Investment Arbitration, Investor-State arbitration, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties

(Queen Mary University of London)/ /Leave a comment

…approach (ordinary-plain meaning of the text), the contextual approach, the teleological approach, the relevant rules of international law applicable to the parties, and the negotiating history. This process may be…

Decision Making, ICSID Arbitration, International Law, Investment agreements, Investment Arbitration, Investment Treaties, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties

(Australian National University) and (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/ /Leave a comment

…commemorative series.   The VCLT: Its History and Development Following World War II, the customary international law rules relevant to the negotiation, validity, and interpretation of treaties had grown to…

Africa, Investment, Investment agreements, Investment Arbitration, Investment law

(Herbert Smith Freehills) and , / /Leave a comment

…proceed to Conciliation under the rules of UNCITRAL. Notwithstanding the obligation to endeavour to resolve issues amicably, the parties may, by agreement, submit a dispute to arbitration. The glaring omission…

Arbitration institution, Belt Road Initiative, Central Asia, Interview, Interviews with Our Editors, Technology, Uzbekistan

(Law Offices of Kiran N Gore PLLC; The George Washington University Law School) and / /Leave a comment

…was the Supervisory Board, who actively participated in the development of the TIAC Rules of Arbitration (“TIAC Rules”), and it was upon their recommendation we formed a completely autonomous body…