…apply transnational rules in conjunction with national law. Therefore, while applying national law, international arbitrators validate the outcome by reference to rules with wider recognition. In essence, she concluded, arbitrators…
…Rules sided with this last approach. ↑2 Whereas institutional rules in common law jurisdictions have traditionally included express rules (e.g. LCIA, SIAC, HKIAC), those in civil law jurisdictions were hesitant…
…the New York Convention as well as the absence of any treatment in case law. The respondent also argued that the LCIA rules, absent other agreement of the parties, require…
…take. On the one hand, there was a desire to avoid contributing to what some regard as an overcrowding of rules and guidelines. Ultimately, it was decided that the essential…
…Court established a marked boundary between law for domestic and international matters, holding that domestic rules could be unsuitable for application in the international sector and that these rules should…
…for Expedited Arbitration (“Expedited Rules”), following a two-year review that took into account user feedback and the Institute’s own experience. The revision process sought to update the Expedited Rules and…
…Kenyan Arbitration Act or the ICC Rules. In Tanzania, the 2013 Model production sharing agreement (PSA) provides for arbitration under ICC Rules. In Uganda, the 1999 Model PSC provides for…
…more expansive notion, namely a textbook definition of ordre public as the “sum of all legal rules issued in the interest of the community”. As a result, the Supreme Court…
The revised OHADA Uniform Act on Arbitration (the Arbitration Act) and revised Rules on Arbitration of the Joint Court of Justice and Arbitration (the CCJA) (the Rules), as well as…
…a set of Blockchain Arbitration Rules and envisions an Appointing Authority (it is unclear whether it will be an arbitral institution) which will appoint an arbitrator who may be a…
…against each other by adopting rules and establishing procedures for the effective adjudication of disputes. The question addressed by Prof. Rogers was whether such regulatory competition is a paradigm of…
…Disputes (ICSID) Rules, or ad hoc arbitration under the UNCITRAL Rules. All in all, the arbitration process offers parties greater control and ownership of the process and maintains a strong…
…association. One way that NOMA tackles the perennial issue of ensuring efficient and quick proceedings is by streamlining international texts. For instance, as compared to the UNCITRAL Arbitration Rules on…
…such rules of law as are chosen by the parties as applicable to the substance of the dispute” (emphasis added; the quote stems from the UNCITRAL Model Law on International…
…the procedural requirements under Articles 15 and 17 of the Introductory Law to Brazilian Rules (LINDB) and Articles 216-D and 216-F of the STJ’s internal rules. Accordingly, the STJ will…
…of the 2017 ICC Rules, Article 28.1 2013 of the HKIAC Rules and Article 15 of the 2017 SCC Rules) which allow such consolidation may be regarded as administrative in…
…provides for investor-State arbitration between two Member States is contrary to [European] Union law…Union law provides for a complete set of rules on investment protection…Member States are hence not competent…
…upon existing BITs from the third generation that offer ICSID rules or UNCITRAL rules as possibilities. But such new rules might – nonetheless – impact the manner in which the…
…necessary to have legal instincts that one can only develop on the basis of a thorough knowledge of a domestic legal system. Things like statute of limitations, mandatory rules, defective…
…from a pre-vetted list of panelists who will be bound by rules that eliminate or severely limit the ability of judges to also serve clients (“double hatting”), among other important…
…a race to the top. States would compete not (or not only) to develop more lax corporate law rules. They would compete to develop rules that accommodate corporate efficiency and…
…IBA Rules on the Taking of Evidence in International Arbitration (the “IBA Rules”). It is instead the tribunal that is expressly empowered to determine the relevance, materiality, and weight…
It is trite that economic growth in Africa and the scale of investment into the region has thrust international arbitration to the forefront of dispute resolution on the continent. Indeed,…
…also allow the tribunal to decide on the motion without notifying this other party. In addition to the procedural rules of arbitration, the Arbitration Rules also address the rules of…
