The Workstream on Arbitration of Islamic Finance Disputes was tasked with looking at whether the development of specific rules and the development of a comprehensive so-called lex Islamica and procedures…
…since the investor does not violate any rules of public international law by bringing an investment claim or if the state experiences negative media coverage. It appears that the current…
…expert evidence. This conclusion is also in line with the provisions of the IBA Rules on Taking of Evidence in International Arbitration. Under Article 9 of the IBA Rules on…
…even the prevailing party’s expert and attorney fees. (Rules 35 and 37, 2016 Rules). Absent specific prohibition by the parties, SIAC’s 2016 Rules mandate (employing “shall”) that the tribunal is…
…by the time Ms. Pechstein signed the agreement, the CAS rules “did not provide for a fair balance with regard to the influence of the sport bodies on the one…
…project; and (2) an arbitration agreement concluded after a dispute has arisen. Implications – Default laws under the institutional rules When parties have not expressly agreed the law…
On January 1, 2016 the Milan Chamber of Arbitration (“Milan CAM”), issued Rules for Dispute Boards (“Milan Rules”) exactly one year after the Arbitration and Mediation Center of the Santiago…
…dystopian international law world where investor protection trumps relevant binding obligations by States under international law. Harmonization is possible under the rules of the Vienna Convention on the Law of…
…recognised that “Businesses seek assurance of the prevalence of rule of law in the Indian market. They need to be assured that the rules of the game will not change…
…it is upheld in the lex arbitri, or imposed under the rules of the arbitration institution, or provided for in the parties’ dispute resolution clause. A large majority of the…
…to relieve that pressure on the competent authorities. Firstly the two year time limit for resolution by agreement may be extended to three years. Secondly, detailed rules about the sufficiency…
…express their views on factors they considered as promoting dispute resolution efficiency most going forward. In this connection, the survey included questions on transparency mechanisms, specialisation of institutions, rules and…
…Rules“). These amendments, coming into force as of 1 March 2017, introduce – among others – the rules on expedited procedure (“Expedited Procedure Rules“). On that day the ICC Court…
…must have a license to administer arbitrations seated in Russia); and • the institution must have special arbitration rules for corporate disputes (and deposit them with Russia’s Ministry of Justice)….
…undertaking of these three tasks. Two approaches towards the delineation of the tribunal secretary’s scope of work can be distilled from the practice rules and guidance of the arbitral institutions….
…arising out of or in connection with the JV Contract: “shall be referred to and finally resolved by arbitration in Hong Kong in accordance with the Arbitration Rules of the…
…(when developing non-binding “Statements” on arbitral procedure) and UNCITRAL (when developing transparency rules that apply largely on a voluntary, opt-in basis). With the conclusion of the TPP (subject to a…
…inclusion of emergency arbitration provisions in the SIAC Rules and HKIAC Rules. It is hoped that with the launch of the MCIA providing for emergency arbitration and the Government’s push…
…the proceedings, not establishing limitation to the use of rules provided by an arbitral institution, procedure laws of another country, or even the establishment of specific procedural rules for the…
…that currently more than 150 states are party to the 1958 New York Convention, this risk appears to be certainly real. In 2013, the above rules were approved by the…
…in 2006 that provided for arbitration according to the rules of the German Maritime Arbitrators Association (GMAA) with seat in Hamburg. In addition, the parties stipulated that “technical disputes […]…
…of equal treatment and to due process. Further, the Commission suggested that rules of procedure be adopted for TPF, and to address the consequences of non-participation by a third party…
…the rules on jurisdiction prescribed in this regard” (see Art. 4(3), Decree No. (19) of 2016), including evidently the regime of mutual recognition contained in Art. 7 of the Judicial…
…at all. This is partly due to the fact that many New Zealand arbitrations are ad hoc, and hence not conducted pursuant to institutional rules providing for emergency arbitrator appointment…
