Interpreting Contracts Under Singapore Law in International Arbitration — The Sequel
…Does the court apply national rules of evidence, or does the court apply the same rules of evidence, if any, that the tribunal was obliged to apply? This thorny…
Search Results for: prague rules
Arbitration, Arbitration Proceedings, Arbitrators, IBA, IBA Guidelines on Conflicts of Interest, Independence and Impartiality
Has Acting as Arbitrator Become a Risky Business?
…(AVME) limited to the distribution of cars, spare parts and after-sales services for the territory of Qatar. In February 2013, SBA initiated arbitration under the ICC Rules after AVME informed…
Judicial Clarification on Anti-suit Injunctions: The Right Approach?
…such a ruling should not be subject to the rules of recognition and enforcement listed in Chapter III of the Recast. Fourth, the AG’s approach incorrectly envisaged the court proceedings…
Arbitration, Jurisdiction and Culture: Apropos the Rules of Prague
…from Brazil, when comparing the IBA and the Prague Rules, states: “The Prague Rules and the IBA Rules are examples of soft law.” Borrowing the expression from Bryan H. DRUZIN,…
The Future of Investment Arbitration in Europe: AIA Conference, June 2018
…Evidence in International Arbitration (or the “Prague Rules”) has recently been published. The panel discussed whether and how the Prague Rules could mark the beginning of a dialogue to recalibrate…
UAE’s Federal Arbitration Law – Another Missed Opportunity?
…the DIFC Arbitration Rules and Art. 24 of the DIAC Statute Rules require proof of intention before holding an arbitrator liable for any act or omission. This is in direct…
Achmea, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, BIT, CJEU, European Commission, European Law, European Union, International arbitration, Investment Arbitration
A Rollercoaster: The First Half of the Year 2018 for BITs and ISDS
The first half of the year has been a rollercoaster when it comes to BITs and ISDS, in particular in Europe. Several developments at various levels can be distinguished with…
Art-Related Disputes and ADR Methods: A Good Fit?
…a process which facilitates the parties in their negotiation and in reaching a concerted solution to their conflict. The mediation process can be activated under the rules of D.Lgs.28/20103, when…
Prague Rules v. IBA Rules and the Taking of Evidence in International Arbitration: Tilting at Windmills – Part II
…the contrary, both sets of rules confer to the parties the opportunity to appoint their own experts (IBA Rules, article 5; Prague Rules, article 6.6). And yet the Prague Rules…
Prague Rules v. IBA Rules and the Taking of Evidence in International Arbitration: Tilting at Windmills – Part I
…evidence? How do the Prague Rules differ from the IBA Rules? Are the Prague Rules capable of delivering a better result than the IBA Rules in terms of arbitration efficiency?…
International Commercial Court in China: Innovations, Misunderstandings and Clarifications
…contract provides that when the amount in dispute is under RMB 300 million, arbitration under SIAC Rules; when the amount in dispute exceeds RMB 30 million, litigation in one of…
Arbitrating WTO Disputes
…the WTO. Dispute resolution in the WTO Under the Understanding on rules and procedures governing the settlement of disputes, Annex 2 of the WTO Agreement (“DSU”), a Dispute Settlement Body…
Moneyball for Arbitrators
…of the following describe(s) the document production ordered by the tribunal (please select all that apply)?* *Descriptions of document categories are based on art. 3(3) of the IBA Rules on…
Slovak Republic v. Achmea: When Politics Came Out to Play
…tribunal constituted under a BIT essentially rules on the substance of that particular BIT. At no point in time would it stray into the operational domain of the CJEU under…
U.S. Supreme Court Holds That Individualized Employer-Employee Arbitration Agreements Must Be Enforced As Written
…FLSA, Federal Rules on Civil Procedure, and for example the Supplementary Rules for Class Arbitrations established by the American Arbitration Association (“AAA”). Interestingly, Justice Ginsburg also took issue with the…
Due process, ICSID, ICSID Arbitration, Investor-State arbitration, Provisional measures, Sovereign Immunity
The Binding Nature of Provisional “Recommendations” in ICSID Arbitration
…the Tribunal stated that Article 47 of the ICSID Convention and Rule 39 of the ICSID Arbitration Rules give the tribunal wide discretion to render provisional measures. (para. 105) The…
Applicable Law, Customary international law, ICSID, ICSID Arbitration, Investment Arbitration, Investment protection, Investor-State arbitration, ISDS
Customary International Law Claims in Contract-based Arbitration
…be deemed competent to exclude certain rules from the body of substantive law agreed by the parties where such rules are demonstrated to be in contradiction with the constitution of…
Achmea, BIT, ECJ, Europe, European Law, European Union, Intra-EU BITs, Investment agreements, Investment Arbitration, Investment protection, Uncategorized
Brace for Impact? Examining the reach of Achmea v Slovakia
…the arbitral tribunal were to decide the dispute pursuant to rules that do not touch upon EU law, it is difficult to imagine how the autonomy of EU law could…
The Future of Arbitration: 5, 10, 25 Years and Beyond
…SIAC and ICC rule changes imposing a sole arbitrator in smaller-sized cases, even where the parties had agreed to three arbitrators in their contract, or the proposed “Prague Rules” that…
Shaping the Future of International Arbitration: A Report from Helsinki International Arbitration Day 2018
…to capture the public interest in the contract or with some laws that go beyond the contract, such as mandatory laws or rules. Lambert told the audience about the “e-Borders…
Relationship between the Arbitrators and their Law Firm: A case for Dynamic Application of the IBA Guidelines on Conflicts of Interest
…agent of the firm. However, this raises concerns on the presumptive approach under the Guidelines in stark contrast to the analytical approach under most of the domestic arbitration rules and…
The Contents of b-Arbitra, Issue 2017-2
…Rules of CEPANI that have just been revised, 5 years after the 2013 revision of its Arbitration Rules. Finally, this issue contains a book review of the interesting and challenging…
Arbitrators, Art and Arbitration, Court of Arbitration for Art, Experts, Law governing the arbitration, Netherlands Arbitration Institute, Publication of Arbitral Awards
A New Arbitral Institution for the Art World: The Court of Arbitration for Art
…significant disputes, art and art law expertise and under arbitration rules (“AiA/NAI Court of Arbitration for Art Adjunct Arbitration Rules” (the “Adjunct Arbitration Rules”)) that have been designed to accommodate…
Anti-suit injunction, Arbitration, England, English Arbitration Act, LCIA Arbitration, LCIA Rules, Seat of the arbitration
The Seat of Arbitration is Important. It’s That Simple.
The seat of arbitration is a vital aspect of any arbitration proceeding. The situs is not just about where an institution is based, where hearings will be held or where…