…not being arbitrable under the laws of Kenya, the award which goes against public policy, and evidence that the award is tainted with corruption, bribery, undue influence or fraud. …
…Transparency Rules to ISDS proceedings and adapts them to the context of the EUVIPA without much alteration. This incorporation-by-reference methodology contrasts with Annex 8 (‘Rules on Public Access to Documents,…
…equipment. Although the tribunal acknowledged that the evidence was scarce, it was nevertheless confident that the Libyan armed forces and/or militia controlled by the government had pillaged the investor’s camps…
…to be removed by some positive indication by word or conduct on the part of the woman practitioner herself. Declaring a keen interest in a new practice area, taking silk,…
…limited instead of expanded. This is exacerbated by the IBA Guidelines on Conflicts of Interest in International Arbitration, which Ms Lamb considered do not reflect the realities of modern law…
…safe and reputable jurisdiction for conducting arbitration. Taking a fact-based approach, I do not consider the future of arbitration in Hong Kong to have been undermined. The HKIAC remains very…
Introduction Even a cursory analysis of the history of the procedural rules of leading arbitral institutions demonstrates that procedural rules are increasing in number and becoming ever more comprehensive in…
…financial services providers to keep their disputes private is invaluable. Ms MacGrath pointed to the various institutional rule changes to facilitate joinder and consolidation as evidence of arbitration doing the…
…attracted an equally strong degree of consensus with an emphasis on establishing a ‘binding code’. This implied a focus on developing rules rather than guidelines, and precipitated a certain degree…
…in arbitration? I started my career at the Singapore International Arbitration Centre (“SIAC”) where I administered cases under the SIAC Rules or UNCITRAL Rules. I then did a legal internship…
…arbitrator’s/experts’ independence and impartiality, they must establish, if required by taking evidence, all circumstances connected to the non-disclosed fact and submit them to careful appreciation from the perspective of a…
…Commission (“Commission”) determined that by paying the award Romania would breach EU rules on State aid (“Commission Decision”), effectively barring the State from honouring its obligations under the award. The…
…arbitral awards does not apply where the parties have agreed otherwise (i.e., chose the rules of an arbitral institution). More than a decade later, in 2013, the challenged arbitrator became,…
…that states and other influential players in the design of investor-state dispute settlement are taking claims trading seriously. Claims trading today has become a feature of international investment law and…
…considerable further delay to enforcement; there was evidence that the various appeals made to the Nigerian Supreme Court would not be heard until 2023 or 2024. However, this had to…
…decisions of the Cairo Court of Appeal. DECISIONS OF THE SWISS FEDERAL SUPREME COURT 4A_462/2018 of 4 July 2019 [Request to set aside Swiss Rules/SCAI award issued after annulment…
…and limits the judiciary’s discretion to interpret available property rights in a restrictive manner that entirely precludes every matter from arbitration. General Rules for Arbitration The Decree provides certain…
…purposefully availed itself of the forum must be the primary or proximate reason that the evidence sought is available at all. On the other hand, where the respondent’s contacts are…
…risk premium in quantum calculations. In each award, the tribunal’s goal was to determine the fair market value of the expropriated assets, taking into account their unique characteristics and the…
…under the UNCITRAL Rules with Johannesburg as the seat of arbitration. Vedanta, therefore, filed for arbitration against the ZCCM. Vedanta also successfully obtained an ex parteorder in the High Court…
…it will have three possible paths to dispute the proposed compensation: (i) the already traditional judicial process; (ii) mediation, following the rules of Statute # 13.140/15, or (iii) arbitration, following…
The ICSID Rules Amendment Project Marking the latest step in its procedural rules overhaul, the International Centre for Settlement of Investment Disputes (“ICSID”) Secretariat released the third Working Paper on…
…new ARIAS-US Panel Rules for the Resolution of Insurance and Contract Disputes went into effect (the “Insurance Rules”) (See P. Halprin, Introducing the ARIAS-US Panel Rules for the Resolution of…
…which we further confirmed with our contacts before taking matters forward. Which are the Delos principles to achieve fair and efficient international arbitration? The Delos Rules can be articulated…
