…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…
…Rules The Rules are broadly similar in content and structure to those of the leading arbitral institutions such as the rules of the LCIA and the HKIAC, in that they…
…the evidence” (Decision, ¶246).1)Translation from the original Spanish is the author’s. Be that as it may, the decision suggests no basis for the shifting of the burden of proof other…
…of such inquiries, several of which remain yet to be examined from a Swedish viewpoint. As of today, there are no laws or mandatory rules in Sweden regulating TPF and,…
…Catherine Rogers’ Ethics in International Arbitration. AI is taking this information gathered from the Peru Flash Campaign to develop a AI Reports, which will analyze the information collected about…
…The aforementioned clauses evidence that the CFIAs executed with Ethiopia and Suriname follow the previous ones negotiated by Brazil within the last three years, consolidating a new model to regulate…
…issue. Instead of taking the Model Law approach, which provides that the arbitral tribunal shall apply the law determined by the conflict-of-laws rules, the Arbitration Act creates a shortcut by…
…assessed the evidence and the applicable law […]”. It contended that the flawed assessment of the evidence by the tribunal led to an “irrational outcome in the award”. The TSJM…
…proceedings. Such rules remain applicable to local arbitration proceedings due to the dualistic nature of the Chilean arbitration system: on the one hand, domestic arbitration governed by general rules and,…
…measures set forth in the Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration, available on the ICC website. In turn,…
…documents from the opposing party during the document production phase. Based on international best practice as embodied in the IBA Rules on the Taking of Evidence in Arbitration, document requests…
…One area where the Arbitration Act departs from the Model Law (and many other jurisdictions) is with respect to the remedies available to a party where a tribunal rules, as…
…Second, taking a step back, assume an arbitral tribunal does not decide jurisdiction as a preliminary issue, but in a final merits award instead. In that scenario, it appears to…
…the majority of cases English law is still accepted regardless of the rules/seat outcome; so for example, English governing law with SIAC rules is not an uncommon end position. On…
…addition, it was observed that settlement is reached quickly, with the average time from claim to settlement being less than one year. This analysis provides compelling evidence to refute certain…
…instance investor-state cases. Taking into account this classification, the landscape of a public enterprise being involved in a private commercial arbitration raises several challenges. This post is aimed at analyzing…
…Commission Arbitration Rules (“Rules”), after the acceptance of a case by the BAC and before the constitution of the arbitral tribunal, any party that wishes to apply for interim measures…
…De La Vega (on State enterprises) Ms Tanya Landon & Ms Azal Khan (on evidence), Dr Manuel Arrollo (on multiple procedures), Mr Serge Y. Bodart (on dispute boards and PPPs)…
…not an exhaustive survey by any means of all the white papers promoting blockchain-based arbitration services. The author tries to assess how far the tech community is taking into consideration…
…Protecting Confidential Information. Some smart contract disputes are likely to involve evidence about proprietary software and/or hardware. The fact that parties can agree to arbitration to make their disputes confidential…
Australia has been known for taking a somewhat controversial approach to the confidentiality of arbitral proceedings. However, the legislature, to the international arbitration community’s sigh of relief, has intervened to…
…ratified by the Argentine Ministry of Justice at his opening speech at the IBA Arbitration Day that took place in Buenos Aires in February 2018. In sum, the International…
