…AI. This approach, if considered and adopted, would have been in sync with what most prominent AI do globally (for example, see Rule 39 – Confidentiality of SIAC Rules and…
…the factual background, as well as of the relevant supporting evidence of the case. According to binding precedents, the SCJ is barred from reexamining the facts of the cases it…
…the tribunal rules as a preliminary question that it has jurisdiction, request the competent court to review and make its own determination on the matter. Furthermore, consistent to the Model…
…shareholder(s)’, a group of persons are treated as controlling shareholders only when they are ‘acting in concert’ (see example Companies Act, Listing Rules and Takeover Code). Proof of concert requires…
…and institutional rules3)For example Article 31 of CAAI Arbitration Rules; Article 21 (3) of ICC Rules of Arbitration; Article 29.2 of ACICA Arbitration Rules; Article 22.4 of LCIA Arbitration Rules;…
…appointing arbitrators, serving notice or taking evidence’)2)JCAA Pamphlet at page 2. representation by foreign legal counsel (registration is unnecessary to represent clients in ICA cases seated in Japan) the New…
…Rules 2018, Art. 1.5. , ICC2) ICC Rules of Arbitration 2017, Art, 29(6)(a) and LCIA3) LCIA Arbitration Rules 2014, Art. 9.14. expressly state that their EA provisions do not apply…
…or rules in order to: (i) prevent the application of less ‘credible’ laws or rules and parties’ benefitting from a more acceptable legal framework; (ii) avoid a particular law or…
…with taking positive steps to challenge a preliminary ruling on jurisdiction that has been issued within the time limited under the Model Law and section 10 of the IAA. This…
…might use idiosyncratic local rules to undermine the broad enforcement goals of the Convention. Nonetheless, they believed this exception to enforcement was a necessary safety valve that would prevent intrusion…
…with assessing the compliance of the award with mandatory rules and public policy of the seat of arbitration or potential places of enforcement of the award to comply with their…
…with UNCITRAL Arbitration Rules and the Arbitration Institute of the Stockholm Chamber of Commerce Arbitration Rules (SCC Rules) shows that the amended rules will allow ICSID to catch up with…
…given the evidence and non-rebuttal by the claimant. The tribunal reasoned that the compensation should be equivalent to the real value of the expropriated investment. It was on the assumption…
…all, but in some) the civil procedural rules are strictly followed, including the traditional rule that “no one can serve as evidence of their own case”. Hence, general managers, CEOs,…
…the Federal Council issued a revised bill, taking into account some of the comments made and concerns raised by interested parties with regard to the draft bill during the consultation…
…place under art. 31 of the 2018 Rules relating to the case management conference and under Annex IV of the Rules relating to case management techniques. The former takes place…
…Arbitration on various grounds: (i) a breach of rules of natural justice, (ii) a breach of the arbitration agreement, particularly by unequal treatment, a lack of opportunity to present its…
…Arbitration Rules, Art.15(1) ICC Rules, and in Art.14(1) LCIA Rules. This discretion stems from the principle of party autonomy and the procedural autonomy of arbitrators. It provides for efficiency and…
…International Bar Association Guidelines on Conflict of Interest (“IBA Guidelines”), aimed to bolster not only the neutrality of arbitrators, but also the perception of neutrality. This article attempts to explore…
…also the day on which the new 2018 HKIAC Administered Arbitration Rules (“2018 Rules“) came into force. The 2018 Rules showcased the latest thinking in arbitration and these amendments –…
…Tang GBM, SBS, QC, SC, JP and Rimsky Yuen GBM, SC, JP. Mr Gearing spoke to a number of positive developments at HKIAC, including the adoption of new rules which…
…Innovation: Improving Institutional Rules as the Answer HKIAC’s Sarah Grimmer then took the floor and introduced the audience to the brand new HKIAC Administered Arbitration Rules, which will come into…
…HKIAC Arbitration Rules (2018 edition) and the SIAC Rules (2016 edition). Mr. Ng considered these powers to be a useful tool that gives comfort to arbitrators that they can summarily…
…Citing serious irregularities in the bankruptcy sale, the respondent challenged the validity of the bankruptcy sale and contended that the rules of attribution operate only for the purposes of establishing…
