Independence of CAS vis-à-vis its Funders and Repeat Users of its Services
…“big client” like FIFA, such an allegation assumed a very poor state of mind of those individuals and, in any event, the Club did not provide any evidence to that…
Search Results for: iba rules on the taking of evidence
Summary Disposal In Arbitration and Tribunals’ Ability To Order Summary Procedure Without Express Authority
…effective on 1 January 2017 (Article 39(1)). In contrast, the LCIA Rules, the ICC Rules, the ICDR Rules and the UNCITRAL Rules constitute examples of arbitration rules that do not…
Third Party Funding in Asia: whose duty to disclose?
…Rules instead.9)Singapore Legal Profession Act 2001 (Cap. 161), section 71; Singapore Legal Profession (Professional Conduct) Rules 2015, sections 49A–49B. This could be to ensure that lawyers in Singapore do not…
Intra-EU Investment Arbitration Post-Achmea: A Look at the Additional Remedies Offered by the ECHR and EU Law
…under EU State aid rules if they distort or threaten to distort competition and affect trade between Member States. As it is the case for the ECHR, these fundamental principles…
The Standard of Attorney-Client Privilege In International Arbitration: Is The “Most Protective Law” The Right Answer?
…the Taking of Evidence in 1999 which were further updated in 2010 (the “IBA Rules”) to offer guidance for arbitral tribunals when dealing with evidentiary issues. The IBA Rules have…
Arbitration, Arbitration Awards, Brussels Regulation, Enforcement, English courts, English Law, European Law, New York Convention
How Can We Tackle the Problem of Non-Binding Judgments as to the Validity of an International Arbitration Agreement within the Context of EU Law?
…of rules relating to the recognition and enforcement of judgments in civil and commercial matters within the Member States’ territory. Arbitration has always been excluded, not only from the scope…
Singapore High Court Finds that an Arbitral Tribunal is Empowered to Disregard the Parol Evidence Rule
…Court’s observations should apply with equal force when interpreting and applying the IBA Rules on the Taking of Evidence in International Arbitration 2010 (“IBA Rules”). The IBA Rules were referred…
Why We Don’t Need Blockchain to Manage Cases in International Arbitration
Until a few decades ago, international arbitration was perceived to be a quick and inexpensive way of resolving disputes. However, the proliferation of legal rules, the disclosure of voluminous documents,…
Arbitration, Arbitration Agreements, Arbitration Awards, Arbitration Proceedings, Arbitrators, Enforcement, Expedited arbitration, International arbitration, Party autonomy
Expedited Procedure Vis-à-Vis Party Autonomy, Enforceable?
…that opting for the expedited procedure under SIAC Rules 2010 is indicative of the intention of the parties to accept the SIAC Rules in its entirety and not just one…
Developing a Coherent Basis for International Minimum Standard of Treatment
…Treatment (FET), and other non-discrimination doctrines such as National Treatment (NT). Some rules of international law are ascribed a greater legal significance in foreign investment law and this requires knowledge…
Appointment of arbitrators, Arbitration, Arbitration Proceedings, CEE, Enforcement, Investment Arbitration
Arbitrating with States in CEE and CIS
…accordingly. The recent publication of the draft Inquisitorial Rules on the Taking of Evidence in International Arbitration (The Prague Rules) constitutes an interesting development in this context. The drafters of…
Implicit Bias in Arbitrator Appointments: A Report from the 15th Annual ITA-ASIL Conference on Diversity and Inclusion in International Arbitration
…achievements and/or underestimated female performance. • In evaluating male and female professors, reviewers were four times more likely to ask for supporting evidence about the woman’s qualifications than they were…
The State in Transition – Did the Questionable Privatisation Come to Haunt Bosnia?
…The UNCITRAL Arbitration Rules are silent on exhaustion of local remedies. Thus, the question of whether or not this principle applies is of a great importance. The exhaustion of local…
New Delhi International Arbitration Centre: Building India into a Global Arbitration Hub
…of institutional rules of International Chamber of Commerce (“ICC”), Singapore International Arbitration Centre (“SIAC”) or London Court of International Arbitration (“LCIA”). Unwarranted judicial intervention and under-developed dispute resolution infrastructure and…
Arbitration involving State-owned Entities in Rio de Janeiro: We Cannot See the Wood for the Trees
…unable to solve conflicts in an acceptable amount of time: a complex matter involving intense document production and expert evidence – which is often the case in disputes arising from…
The Contents of Journal of International Arbitration, Volume 35, Issue 2, 2018
…Arbitration Association, which was co-organized by the Italian Forum for Arbitration and ADR. Privilege rules evolve as a function of the threat parties face from discovery. In common law jurisdictions…
DIFC, DIFC conduit jurisdiction, Non-arbitrability, Public Policy, Recognition and enforcement of arbitral award
Latest Developments of Arbitration in the DIFC: On Arbitrability and Status as a Conduit
…DIFC Law on merits and procedure under the auspices of the DIFC-LCIA. In brief, the Sole Arbitrator rejected all Gauge’s pleaded breaches of the regulatory rules of the Dubai Financial…
Cruising Around Investment Cases Against the Caribbean Islands
…Coast. However, the tribunal dismissed the claims for lack of evidence of environmental damage during the investment timeframe. In Corona, the investor sought to invest close to Sanchez, in the…
The Present and Near Future of New Technologies in Arbitration: If not Us, Who? If not Now, When?
…advocated for a case-by-case approach in relation to admissibility of hacked information and documents as evidence in arbitration, taking us through various jurisprudential approaches in relation to this threshold question…
Lajún Corporation v. The Dominican Republic: Admissibility Issues Just Around the Corner?
…agreement or the UNCITRAL Arbitration Rules. Even though no fork-in-the-road is expressively stated, because the outcome of each of these options final and binding effects, it is sensible to argue…
Pakistan’s Dilemma with Foreign Arbitrations
…also not framed any rules under Section 9 of the 2011 Act which outlines a procedure for recognition and enforcement of foreign awards. Pakistan Courts have thus remained inconsistent with…
Adverse Inference, Algeria, Arbitration, Canada, Czech Republic, Ecuador, Good Faith, IBA Rules of Evidence, Investment protection, Investor-State arbitration, Poland, Venezuela
Adverse Inferences in Defense of Good Faith
…Also, when the parties agree to be guided by the IBA Rules on the Taking of Evidence in International Arbitration, they agree to be guided by good faith in evidence…
Foreign Investments in Poland in Light of the Achmea Case and “Reform” of Polish Judicial System – Catch 22 Situation?
…precedent in many respects and has already resulted in many comments. It must be noted that the Judgment of the CJEU prima facie is not surprising – taking into account…
Could Blockchain Help the Recognition of International Arbitration Awards?
…and its national procedural rules. One of the central objectives of the New York Convention was to eliminate the “double exequatur”, meaning that the award needed the confirmation in the…