…law but to “applicable rules and principles of international law”, which is why some tribunals have decided that EU law is not international law for the purposes of that provision….
…the necessity that the parties themselves create for lengthy, expensive proceedings. Solutions to these issues such as third-party funding of disputes, proposed expedited rules, strengthened security for costs and interim…
…vote on the amendments to the rules is expected in 2019 or 2020. In order to keep ICSID’s procedural rules fit-for-purpose, there is a range of proposed reforms, including: a…
…use of Blockchain (1) as a climate change investment vehicle, (2) in the collection of evidence of emission reduction compliance and (3) in the implementation of a Carbon Tax. Finally,…
…surprising and scarce reasoning, Batumi City Court read the arbitration clause as referring to ICC Rules of arbitration, and found it insufficient to determine parties’ will to refer their disputes…
…not have evidence on the affidavit to substantiate the allegation of fraud, but that there was someone who, if subpoenaed to give viva voce evidence, would give the necessary evidence….
…cons with both approaches and the procedural or administrative nature of measures is likely to dictate whether such measures should be implemented in procedural orders, arbitration rules or arbitrators’ terms…
…of the seat or legal place of the arbitration and, if any, the procedural rules. In this context, one will note that the current version of the rules of the…
…criteria: proximity, intensity, dependence, and materiality. Taking into account the facts regarding the significance of shares that UBS held in Suez and Vivendi, as well as the role of Prof….
…whose rules provide for recourse to arbitration will not have any choice but to accept the arbitral clause.’ Germany’s Federal Court of Justice (the Budesgerichtshof) took a similar stance in…
…EU does not currently take issue with the substantive rules of investors’ protection in the BIT network. Indeed, there can hardly be raised an objection against rules prohibiting discrimination and…
…very unruly horse, and when once you get astride it you never know where it will carry you.”1)Richardson v Mellish [1824]2Bing229, 252. Driven by the motivation of taking advantage of…
…of evidence. The issue arose in a dispute brought before a tribunal under the Swiss Rules. In the award, the respondent was ordered to pay to claimant USD 1.5 Mio….
…arguing that its right to be heard was violated since the tribunal applied the rules of equity as an autonomous source of law under Algerian law, although no arguments based…
…different approach enshrined in the new Interactive Rules. 1) Administrative Rules The JCAA administers arbitrations under the UNCITRAL Arbitration Rules pursuant to the Administrative Rules. Accordingly, these Rules are…
…of Procedure for Arbitration Proceedings, ICSID Additional Facility Rules if the former do not apply, UNCITRAL Arbitration Rules or any other rules agreed the parties. Constitution of First-instance Tribunal and…
…Convention and the additional facility rules. Paul-Jean Le Cannu, Team Leader and Legal Counsel at the ICSID, similarly observes that “when comparing the data by region, […] relatively few arbitrators…
…issued new Administered Arbitration Rules. A full update on the new rules was previously published on this blog. However, in summary, the new provisions: facilitate electronic document submission by parties…
…for the recognition and enforcement of a non-DIFC award rendered in an onshore Dubai seat under the DIFC-LCIA Rules of Arbitration. In this case, the award creditor, Mr. Al Tamimi,…
…names of the parties, seat of the arbitration, arbitration rules, applicable law, subject matter of the dispute, awarded amounts and currency, number and names of arbitrators, number and names of…
…legislation did not address whether the rules of champerty and maintenance applied to arbitration in Hong Kong. There is however no case law to suggest that an arbitral award in…
…3.34 (1) EUVFTA preclude parallel proceedings at a domestic or international court or tribunal so as to not to undermine the authority of tribunals which could mean taking away exclusive…
…out into finance arbitration-specific products by offering a specific set of rules for application in finance arbitrations. Along the same lines, financial and legal concerns arise in the world of…
…arbitration. Written submissions, oral advocacy and taking of evidence are some of the areas where Latin American disputes spice up international arbitration. Moreover, Latin America nations embody a strong civil…
