…to arbitral justice and the right to recover awarded costs. Yet, someone has to bear the risk of the impecunious claimant. There are no set rules on this topic. The…
…recently released its Rules on 15th June 2016, which has already created quite a flurry amongst the practitioners both inside and outside India. While the rules are yet to be…
…Tecnimont “saga” raises two issues that have been at the heart of a fierce debate for years, the binding force of the rules chosen by the parties to govern the…
…adjudicated under ICSID rules (plus 42 under ICSID’s Additional Facility rules) as opposed to 212 under UNCITRAL rules. One of the touted advantages of ICSID awards has been their perceived…
…court’s refusal to enforce an award rendered under the Rules of Arbitration of the International Chamber of Commerce (ICC) in London, England, on the basis that the UK had not…
…by the parties” can serve no other grammatical purpose, (id. at 217), other than to modify both “elements in the series”: “among the rules of punctuation applied in construing statutes…
…substantive impact. Arbitration is excluded from EU legislation regarding jurisdiction and enforcement, and a tribunal seated in London is not obliged to follow EU rules regarding choice of governing law….
…Chilean Supreme Court remarked that, when accepting the ICC Arbitration Rules, Minera Santa Fe undertook to carry out any award without delay and waived its right to bring any form…
…or more parties in connection with the conclusion of the treaty, any subsequent agreement between the parties, any practice that is equal to an agreement, and relevant rules of international…
…finds support in the exceptions to confidentiality contained in virtually all arbitral laws and rules that provide for corresponding confidentiality obligations [See, e.g., LCIA Rules, Art. 30(1); Swiss Rules of…
…arbitrators, instead of courts, such as Article 28 of ICC Arbitration Rules, and Article 25.3 of the LCIA Rules. – Experience has demonstrated that it might be better to request…
…investment framework in the Balkans would allow this recalcitrant area to draft its own rules, while taking into consideration all the existing dynamics and not fall into the diplomatic trap…
…Convention and that “where its domestic rules of procedure require a national court to grant an application for annulment of an arbitration award where such an application is founded on…
…arbitration at various regional arbitration centres, and this is where Singapore is looking to position itself with changes to its TPF rules and initiatives like the Investment Arbitration Rules proposed…
Following the long-awaited release – on 1 July 2016 – of SIAC’s new arbitration rules (“SIAC Rules 2016”), practitioners in and outside of Asia have enthusiastically supplied a flurry of…
…leave the Hague Convention in its stead – see further below), leaving such questions to be decided by domestic rules and procedures. In short, while UK courts could hypothetically issue…
…not often arise in practice, it is of principal importance with respect to clarity and efficiency. Internationally, there are many rules that provide for the default application of the law…
…private international and procedural law, all EU instruments on common rules for jurisdiction, parallel proceedings and cross-border enforcement will cease to exist after the transitional period, not only in areas…
…assets; they would no longer have to rely on third states’ national rules, however unusual or investor-friendly such rules may be. Finally, as noted above, the forum-shopping created by the…
…and effective. Likewise, some voiced criticism over certain institutional dispute board rules which are very detailed and which resemble arbitration rules. I myself would emphasize that the tendency is that…
…and if it has not been specified, the tribunal will apply the law of the respondent, including the rules on conflict of laws and such rules of international law as…
…the law of treaties and is supported by custom and general principles. Patrick DUMBERRY, The Role and Relevance of Awards in the Formation, Identification and Evolution of Customary Rules in…
…The SCC Rules are the third most frequently used set of arbitration rules in investment disputes—after the ICSID and UNCITRAL rules. Recognizing that such disputes raise different issues and involve…
…year juridical battle against a two year suspension imposed on her for a disputed doping rules violation has put her into the spotlight even more than her sporting achievements. A…
