…not a strictly defined term, and assessment of it is often not straightforward. Whilst the IBA Guidelines on Conflicts of Interest in International Arbitration (“IBA Guidelines”) are widely used by…
…ICSID Convention 1956, and (4) broadly standardized rules and procedures published by international arbitration centres such as the ICC, ICDR, and LCIA have all played a part. The real question…
…international law rules of individual Member States introduces uncertainties regarding how this new cause of action interacts with cross-border jurisdictional rules. The rules of cross-border jurisdiction of Brussels I-bis Regulation…
…Appeal concluded that Section 1281.98 of the CAA is not preempted by the FAA, although, due to procedural nuances under the California Rules of Court, the precedential value of this…
…power plants from Italy to Ghana. The Agreement provided that disputes were to be submitted to ad-hoc arbitration in accordance with the UNCITRAL Rules of Arbitration and be seated in…
…disclosure practices included or the significance of oral proceedings. Mr. Satoshi Kurata (JGC Holdings Corporation, Tokyo) emphasized the importance of institutional rules, particularly the time frame for issuing an award,…
…and Interactive Arbitration Rules, which uniquely allow for the same individual to serve as both arbitrator and mediator for the same case if agreed by the parties. Ms. Sally Harpole…
…construction projects of significant scale and complexity, disputes are unavoidable. With the introduction of the new arbitration rules of the Saudi Center for Commercial Arbitration (“SCCA”), resolving construction disputes in…
…cross-border disputes a neutral and private forum to resolve their disputes, therefore avoiding potentially partisan or inefficient court litigation systems. In arbitration, laws and rules may be drawn from a…
…industrial equipment. While the contracts specified ‘international commercial rules’ as governing law, the arbitrator rejected this as an express or implied choice of the CISG. Nevertheless, he applied the CISG…
…award on the parameters from which the final valuation should be ascertained. The Claimant unsuccessfully sought to set aside this award. During 2022, evidence of an ongoing relationship between the…
…foreign choice of law governing the contract are not able to rely on the statutory and common law rules developed to protect the integrity of London-seated arbitrations and prevent foreign…
…de novo jurisdictional reviews, having broad discretion over the evidence and challenges introduced in the litigation proceedings that might extend beyond the jurisdictional objections and the evidence considered in the…
…also be found in many major arbitration rules (e.g., Art. 34(4) 2021 UNCITRAL Rules, Art. 33(2) 2021 ICDR Rules, Art. 26(6) 2020 LCIA Rules, Art. 36(3) 2021 VIAC Rules, and…
…an arbitration clause that provided for disputes to be resolved by arbitration seated in Singapore, commenced under the rules of arbitration of the International Chamber of Commerce (“ICC”). In 2020,…
…Rules against CFE and CFE Generación II EPS (“Respondents”). Greenfield appointed David Arias as co-arbitrator, and Respondents appointed Oscar Vázquez del Mercado Cordero in May 2021. The Tribunal was finalized…
…most arbitration rules and principles related to arbitrators’ challenges. Parties wishing to avoid this issue may opt for the application of arbitration rules (such as the UNCITRAL Rules) which hold…
…commission”; and arbitration agreements designating the application of foreign arbitration rules such as the ICC Rules are of questionable validity under PRC Arbitration Law. Another consequence is that ad hoc…
…fraudulent misrepresentation by CME, and the fact that two of CME’s employees had allegedly confessed to such fraud before an Iraqi criminal court. Referencing the ICC Rules, the arbitrator declared…
…initiated under Article 1120(1) of the NAFTA and Article 3 of the Arbitration Rules of the United Nations Commission on International Trade Law of 1976 (“the Rules”). The Claimant asserted…
…rules used by arbitral tribunals and national courts acting in arbitration-related litigation (as opposed to courts acting in an insolvency capacity). These rules are primarily the New York Convention (“NYC”)…
…choice-of-law regime in favour of the lex fori concursus is directly incompatible with this philosophy and it is very unclear that the rules on coordination will be sufficient to overcome…
…for counsel to raise jurisdictional objections in time and, most importantly, to do so before taking any steps which amount to foregoing reliance on some right or defect in the…
…multi-party and multi-contract issues under Article 6(4) of the ICC Rules. Looking Ahead to Collaboration and Innovation The 19th ICC New York Conference showcased the importance of adaptability in…
