…the government procurement markets. Chile is the latest State to enter into a PPA with Brazil, which provides rules for the mutual increase in the participation of Chilean and Brazilian…
…are an undesirable straitjacket forcing the arbitral tribunal to determine the applicable law according to rigid and complicated rules and thus hindering it from considering whatever rules it deems appropriate….
…It was under this context that the UNCITRAL Rules on Transparency in Treaty-based investor-State Arbitration (“UNCITRAL Transparency Rules”) sought to clarify the extent of confidentiality and transparency in investment arbitration….
Witness evidence is an integral part of international arbitration, but challenges can arise from the interaction of different legal cultures, norms and languages. Although issues can arise with any testimony…
…to note that under general rules of contract law, consideration should be present, but need not be adequate … the unequal position[s] of the parties, including presumably the imbalanced consideration,…
…The commonly used procedure for document production, as set forth by the 2010 International Bar Association Rules on the Taking of Evidence in International Arbitration, includes the following steps: •…
…the future amendments to the ICSID Arbitration Rules and Spain’s renewable energy cases. During the conference, a debate about the applicability of the International Law Commission’s Articles on State Responsibility…
…requirement is not simply a matter of evidence as it is under most national arbitration laws. At the time, an ample discussion took place among delegates to feature the idea…
…Law in Africa (OHADA) revised its UAA and adopted a new Uniform Act on Mediation (UAM), along with a fresh set of arbitration rules of the Common Court of Justice…
…to Swiss law and contained an arbitration clause in favour of Swiss Rules arbitration in Zurich. The Engagement Letter concerning the ICC arbitration against D GmbH provided for different remuneration…
…the grounds that the contract which contains the arbitration agreement “was void ab initio is entitled to present evidence of such invalidity to the district court, which must make an…
…oil and gas activities, power generation, telecommunications, transportation, and infrastructure may not need to file in national courts first. Regarding arbitrators, the USMCA explicitly adopts the IBA Guidelines on Conflicts…
…contribute to international thought leadership in this area, it cannot afford to adopt ‘wait-andsee’ approach for the rules to be imposed internationally. First, being ethics agnostic is not the Singapore…
…rules but was administered by a secretariat semi-independent of that of the head office of CIETAC in Beijing. On May 1, 2012 CIETAC launched its 2012 edition of arbitration rules….
…rules and enforceability of mediated settlement agreements. In “What have the robots ever done for us?”, Charlie Woods draws on a speech given by Adair Turner earlier this year on…
…the granting of provisional measures, assisting in the taking of evidence or injunct vexatious BIT proceedings, as in this case. Adopting an entirely deferential stance towards international investment tribunals (especially…
…Procedure Law does not provide any compulsive requirement for evidence disclosure before the start of hearings. The possibility of facing surprising evidence might be one of the biggest obstacles preventing…
…called for special rules that are more compatible with procedural laws and arbitration practices in Hong Kong. Chapter VI was introduced in the CIETAC Arbitration Rules 2015 (the “Rules”), which…
…any of the parties to this arbitration … without any duty on my part to make any disclosure in connection with any such instructions.” Interestingly, the IBA Guidelines on Conflicts…
…rules around funding, let alone disclosure. However, in Brazil, the CAM-CCBC (Brazil Canada Chamber of Commerce), a leading arbitral centre, issued guidelines in July 2016 recommending the disclosure of funding…
…of the LCIA Rules regulates the duty of confidentiality in a well-defined manner. The UNCITRAL Arbitration Rules do not mention the subject, although article 34.5 seems to recognize an implicit…
…support arbitration through granting the interim measures, preservation and taking of evidence; and introducing simplified procedure of voluntary compliance with arbitral awards. To analyse the efficiency of application of the…
…competing considerations – discouraging unscrupulous defendants by upholding strict rules of procedure, versus preventing procedural provisions of law from defeating substantive rights. The SC eventually ruled in favor of the…
…mandatory rules not only for transactions involving individual “consumers” in the narrower sense used abroad, but also (indeed increasingly) for business-to-business transactions. Yet there is little legislative and even case…
