At the Kluwer Arbitration Blog, December is the month to thank our readers and collaborators for their readership, contributions, and support. This is also one of the occasions in which…
…Cross-Institutional Rules Last year, Hong Kong International Arbitration Centre (HKIAC) entered into a cooperation agreement with TIAC to formalize the arrangements between two institutions under the TIAC-HKIAC Cross-Institutional Rules (Rules),…
…often provided for in a PO1, are set out early in the case. He highlighted PO1 sources such as UNCITRAL Notes on Organizing Arbitral Proceedings, IBA Rules on the Taking…
…of accrediting arbitrators and the enforcement of arbitral awards. The Report also highlights the Indian Council of Arbitration’s introduction of new rules in 2022 and discusses the 2023 initiative towards…
…if not all arbitration institutions, and in the 2021 UNCITRAL Arbitration Rules, and the 2020 IBA Rules on the Taking of Evidence in International Arbitration. However, it should be noted…
…he had the option to pay the respondent’s share or provide a bank guarantee in line with the applicable rules in addition to the fact that the arbitral tribunal would…
…(d) confidentiality. Different from the previous UNCITRAL instruments (such as the 1985 Model Law (amended in 2006) or 2021 Expedited Arbitration Rules), these model clauses are for direct use in…
…need for a “tailor-made” way of resolving energy disputes. That would involve (i) specific arbitration rules (such as securities and insurance-specific rules); (ii) procedural tools focusing on time-efficiency, in light…
…include Adjudication Rules, Expert Determination Rules, a dispute resolution for MSMEs (the Integrated Dispute Resolution Scheme) and a protocol for virtual proceedings. Prior to this, the suite of rules only…
…Solutions While it is clear that extant arbitral rules do indeed have sufficient flexibility to make arbitrating over blockchain disputes a possibility, specific initiatives have also been adopted to tailor…
…of law rules in UNCITRAL’s draft provisions would direct to the lex arbitri. However, the same insolvency rules could be easily seen as rules which render the arbitration agreement invalid…
…arbitral award ruling on matters of family law would be treated in a more flexible matter by subjecting it to the rules of appeal against a court decision, rather than…
…rules. According to the Vis Moot’s explanation, these new rules represent a compromise between the academic interest to “ensure that students continue to develop their skills” in the competition and…
…update on the new NAI rules (recently discussed on the Blog). The latest (yet to be published) revisions, include inter alia: a focus on cost-efficiency by introducing (i) an early…
In our data-centric economy, disputes related to the safeguarding, access and use of data are on the rise. That Microsoft has ‘stashed’ almost half a billion dollars in anticipation of…
…of international disputes. To access a detailed technical note with all the modifications to the CIAM new Rules and full text of the new Rules, please visit the CIAM’s website….
…Natália Mizrahi Lamas (Partner, FCDG Advogados, Rio de Janeiro) presented a comparison between expedited arbitration and regular arbitration in accordance with the key provisions of the ICC rules. “It is…
…the request. Fourth, he argued the application was timely, citing the IBA’s Rules on the Taking of Evidence in International Arbitration (the “IBA Rules”), which provide that the Tribunal may…
…of winning justice. This is unfair. We need to end these corporate courts now! Rights for people, rules for corporations.” Letter from the Stop ISDS movement to the President of…
…close consideration. With respect to emergency relief, he acknowledged that although arbitration rules increasingly provide for emergency relief, there is generally more comfort in resorting to the courts for such…
…of any agreement between the parties or specific legal provisions, the arbitral tribunal has the discretion to determine the relevant rules. The only constraint is that these rules must not…
…the one hand, Ecuador decided to rejoin the ICSID system and, on the other, its highest court on constitutional matters rules that a treaty providing for ICSID arbitration is unconstitutional….
…that prevented Chinese arbitration institutions from accepting investor-state arbitration cases. As noted, several leading arbitration institutions in the PRC launched investment arbitration rules, i.e., SCIA Rules Article 2(2), CIETAC Rules,…
…As such, the tribunal could not conclusively determine whether the treaty contains specific rules regarding dual nationality and had to rely on other rules of international law. As per the…
