…Rules The Supreme Court (Arbitration) Rules 2016 (WA) (Rules) substantively came into force on 3 January 2017. The Rules apply to both international arbitration governed by the International Arbitration Act…
…under section 21 of the Spanish Arbitration Law (Judgment of the Spanish Supreme Court, 102/2017). Most leading arbitration rules are virtually silent on the requisite formalities, if any, of deliberations….
…parties should refer to any specific rules regulating their obligations under the contract. Most of such transactions are carried out by sea on the basis of CIF or FOB in…
Issue 34, Volume 2 contains: Michael W. Bühler & Pierre R. Heitzmann, The 2017 ICC Expedited Rules: From Softball to Hardball? Abstract: The 2017 ICC Rules of Arbitration, in force…
…in Article 18 of the UN Convention, which rules out the possibility of levying conservatory attachments on a state’s assets without the state’s prior express consent. However, the Dutch Supreme…
…under the parties’ agreement on confidentiality in Article 30.2 of the LCIA Rules. Conclusion The theme throughout Popplewell J’s judgment is that the Court will respect its role in the…
White & Case’s recent research should provide some comfort to the arbitral community by showing that arbitral institutions are becoming increasingly flexible and responsive to users’ needs. Flexibility was in…
…tribunal secretaries, reviewing several sources of information on the role of tribunal secretaries including: • Art 14 of the LCIA Rules 1998 (the rules applicable in this case1)Similar wording is…
…from unassisted (private settlement) negotiation are subject to the rules of contract law. Accordingly, some jurisdictions understandably object to the different treatment of these settlement agreements for the purpose of…
…discussion and mutual agreement shall be referred to and finally resolved by arbitration as per Indian Contract Rules. The arbitration clause in the second contract reads as follows: The Seller…
…of disputes within the international factoring community. The authors recently took part in an arbitration under the Rules of Arbitration of Factors Chain International (FCI Rules). In this article we…
…agreement or award falling under the [New York] Convention.” West of England relied on an arbitration clause in its Club Rules that it contended were in effect at the time…
…from or relating to these terms or any Contract made hereunder shall, unless resolved between us, be referred to arbitration under the arbitration rules of the relevant exchange or any…
…administered by the DMS may use the model arbitration clause provided on the DMS website. Arbitration proceedings are conducted on the basis of the DMS Rules of Arbitration (“DMS Rules”)….
…more than ever before – to Brazil. That is because the arbitration rules that will apply as the basis for the competition’s fictional dispute will be, for the first time,…
…that covers most large-scale infrastructure projects. MP 752 created additional tools to favor PPI projects. One of them is arbitration under special rules. Articles 1 and 2 of Law 9.307,…
…available regimes are the ICSID Convention (with its associated arbitration rules), ICSID Additional Facility and the UNCITRAL Rules. There are numerous differences between these three rules. One such difference is…
The FIDIC forms of contracts (FIDIC forms) constitute a comprehensive set of rules applied worldwide in complicated construction projects. The FIDIC forms contain a multi-tier dispute resolution mechanism – depending…
…investment court system (ICS) of the EU should be applied to NGOs, i.e. the UNCITRAL Transparency Rules. Indeed, this may require to align on this point the OECD Guidelines with…
…relation to bridging the gaps between different legal traditions on evidence, the safest option remains sticking with the 2010 IBA Rules on the Taking of Evidence in International Arbitration. Settlements…
…order for antitrust arbitration to become a competitive dispute resolution mechanism for antitrust disputes, the effective and efficient rules on bipolar multi-party, multi-contract proceedings should be introduced. Otherwise, private claimants…
…to address whether there are in fact rules of evidence that could rebut recent criticism. Our starting point was that discretion of the arbitrator – the free examination of evidence…
…the event of non-compliance. Moreover, there are different rules on the precise moment in time at which ADR begins and ends, and on the exact obligations of the parties to…
…grounds for setting aside the subsequent award, if and when such measure is dictated by the Member State’s procedural rules. This article examines the relevant procedural rules in Denmark and…
