…resolution procedural rules which include, for example, lists of specialised arbitrators or experts. The panel was completed by Nicola Peart (Three Crowns), who led the gathering through the legal basis…
…creation in 1979. In recent years, CRCICA and its rules have increasingly been chosen by non-Egyptian parties – a true recognition. It is also named as a possible institution in…
…of the HKIAC Rules, Article 25(1) of the LCIA Rules, Article 37(2) of the SCC Rules, Article 30(1) of the SIAC Rules and Rule 37(b) of the AAA Rules. …
…instruments: the AfCFTA Agreement, the Protocol on Trade in Goods, the Protocol on Trade in Services, and the Protocol on Rules and Procedures on the Settlement of Disputes (“Protocol on…
…Claimant and Respondent. It supported its stance by noting that the EPIY was not an arbitral institution with its set of arbitration rules. Instead, arbitration that was to be conducted…
…arsenal to compel a person (or entity) in the United States to provide evidence in an international commercial or investment arbitration seated outside of the United States. (See e.g., Ava…
…on steps that can be taken to ensure the sanctity of the dispute resolution process? I don’t think there are any precise rules here. It is important to look at…
…AfCFTA. In the preamble to the AfCFTA Agreement, Member States affirm “the need to establish clear, transparent, predictable and mutually-advantageous rules” to govern trade in goods and services and investment…
…Instance Court considered that rules must be interpreted according with their purpose (Article 2, CCCN). Therefore, the arbitration agreement could not be declared void pursuant to Article 1651(d) without contravening…
…of “agreement in writing” liberally, focusing on evidence of the parties’ agreement to resolve the dispute by an arbitral process. Another Canadian court has similarly held that “[i]t is a…
…in the Creation of Persuasive Precedents Kauffmann-Kohler argues that the more developed a legal system is, the less important is the role of arbitrators in the creation of rules, and…
…action and announced that they had entered into an Interim Appeal Arbitration Arrangement (the “Agreement”). In so doing, both countries reaffirmed their commitment to a rules-based international system supported by…
…for arbitration in Shanghai, which will be conducted in accordance with its Arbitration Rules […]”. The defendants commenced arbitration against the plaintiff pursuant to Article 14.2 and in accordance with…
…Arbitration Rules of the IRENA. Such rules and practices are inconsistent with Oló Baha-monde v. Equatorial Guinea, Communication No. 486/1991, Annex ‘Views (10 November 1993), where the UN Human Rights…
…itself and its instrumentalities) to enter into contracts is recognized by article 175, sole paragraph, I; article 37, XXI of the Brazilian Constitution and other sets of rules that came…
…rules for Article 25 DSU arbitration. Robert Bradshaw, How to Obtain Evidence from Third Parties: A Comparative View Obtaining evidence from third parties poses a unique problem in international…
…launched in The Hague in December 2019. The Rules The Hague Rules on Business and Human Rights Arbitration are based on the UNCITRAL Rules from 2013. The UNCITRAL Rules…
…concerning this issue.2)See e.g. Section 48 of the Swedish Arbitration Act and Article 16.4 of the LCIA Rules. In Portugal, Law 63/2011 established the new legal framework for voluntary arbitration…
…stressed that in the recognition procedure the arbitration agreement shall be submitted, and its existence cannot be established on the basis of other evidence, e.g., on the grounds that the…
…conducted on an ad hoc basis and under institutional rules. Amanda completed her LLB at Aberystwyth University, Wales and her LPC at the University of Law, UK. She is a…
…Evidence in International Arbitration (the “IBA Rules“) were conceived. The application of the IBA Rules does not trump mandatory national rules of evidence. However, as discussed above, most jurisdictions do…
…extend outside the EU, thus turning non-EU economic operators (especially those monitoring/ targeting natural persons in EU with goods/services) into possible addressee of its rules. GDPR’s sanctions reach EUR 20…
…respect to various important aspects (such as the appointment of arbitrators, hearings, memorials, procedural orders, discovery, documentary evidence, witness evidence, expert evidence, confidentiality, joinder and consolidation, etc.), CIETAC arbitration rules…
…noted that when determining the validity of foreign-related arbitration agreements pursuant to the applicable law, the Chinese courts have referred to applicable conflict rules and selective conflict rules to make…
