…modern business-oriented jurisdiction which can hear cases in English and adapt its rules of procedure to each specific case. Taking advantage of an audience largely composed of in-house counsels, President…
…case and by the European Court of Human Rights (ECtHR) in 2018 in the Pechstein case. As per the CAS Rules, all arbitral proceedings are to be seated in Switzerland,…
…are few, if any, ethical guidelines and codes of conduct for arbitrators. When it comes to corruption, the only applicable rules are general principles such as the independence, impartiality and…
…ownership transfer depend on the legal status of crypto assets, with considerations for their fungibility. The second question concerns the rules applicable during insolvency proceedings against custodians of crypto assets….
…reinstated his support for alternative dispute resolution mechanisms. In parallel, he called for continued reflection on French arbitration law, with a view to, inter alia, streamline the rules and increase…
…ADR Rules 2022 and seek to address the common problem of lengthy delays in the court process by promoting arbitration and clarifying the degree of court intervention in the arbitral…
…production. However, the use of AI necessitates ethical and procedural considerations. Potential concerns arise with regard to (deep-)fakes in videos, photos and audios. The prevailing institutional rules and lex arbitri…
…explained that this case demonstrated to the world that arbitration could be used as a rules-based alternative to war. However, in the 19th century, arbitration moved away from the goal…
…Rules would only supplement the rules chosen by parties. This led to unnecessary complexities when parties’ chosen rules contradicted the ADCCAC Rules as it was unclear which rules would prevail….
…City (U.A.E.) in accordance with the Rules of International Chamber of Commerce (ICC Rules)”, and to be “governed and construed in accordance with the laws of the Emirate of Abu…
…arbitration institution) fails to play by the rules, Art. 10bis(2) points to the risk inherent in the new regime under Art. 10bis, potentially undermining the institution’s integrity to the detriment…
…other rules of international law, i.e., provisions contained in treaties other than the applicable investment agreement and/or rules of customary international law, for investor-State proceedings. In particular, it highlights whether…
…said that there are currently no arbitration rules that define the standard of proof for corruption. Given the involvement of public officials and the general public interest, he suggested looking…
…the most strategic rules of evidence – CIETAC and Shanghai International Arbitration Center Rules, for example, give tribunals authority to determine the rules of evidence so parties can negotiate which…
…is no state immunity. The EWHC concurred with this argument made by Yukos, adding that the SIA includes nothing which disapplies procedural or substantive rules that would otherwise apply and…
…within the ISU rules for the review of decisions taken by the ISU under the said rules. The Vital Role of Sports Arbitration: Safeguarding a Level-Playing Field Arbitration provides…
…or way of reference to arbitration rules, the terms of the parties’ agreement will prevail, unless it is stated in the arbitration rules that these rules prevail over the parties’…
…nominated; the rules to govern the arbitration proceedings (the arbitration rules of the International Chamber of Commerce (“ICC Rules”); the city wherein the arbitration proceedings would be conducted (Shanghai); and…
…award that is ultimately non-enforceable. Institutional Rules: Parties will need to consider how the new power will interact with their chosen institutional rules. As discussed below, this will be particularly…
…object or require anonymisation), and a similar presumption was introduced in last year’s amendments to the ICSID Rules. These reforms represent an attempt to strike a balance between the preference…
…specific rules on non-judicial emergency relief), parties often seek assistance from national courts that would otherwise come too late from an arbitral tribunal. In this respect, the decision of the…
…also been included as part of the revision of the ICC Rules, the VIAC Rules and the Delos Rules in 2021, as well as the AIAC Arbitration Rules in 2023….
…arbitral rules, a tribunal is vested with the authority to decide whether or not to apply any strict rules of evidence (see LCIA rules (Article 22.1(vi)), the ICC rules (Article…
…Convention does not differentiate between interim or final awards and in the particular case, as per Article 2(v) of the ICC Rules, an award includes interim, partial or final awards….
