…evidence. In other words, the clean hands doctrine should allow them to rely on the evidence. Interestingly, the court, relying on numerous English precedents, held that there is still a…
…against them unless they are adequately represented. This problem stems from the nature of the underlying dispute and arises regardless of the particular dispute resolution method adopted. Procedural rules applicable…
…clearer way. There is, of course, no easy or quick way to achieve such integration. In this respect, some initiatives were discussed, such as the IBA Presidential Task Force on…
…Rules innovate or duplicate existing rules and guidelines, such as the IBA Rules on the Taking of Evidence in International Arbitration (the “IBA Rules”) (this section was dealt with by…
…amendments. After taking the unusual step of seeking further submissions on the Departmental Report, and seeking specialist advice from a former High Court Judge, the Select Committee agreed with the…
…freezing injunctions may be affected in certain cases by the agreement of the parties concerning the powers of the Arbitral Tribunal or the provisions of the relevant institutional rules. This…
…1999 The previous Swedish Arbitration Act of 1999 (“SAA 1999”) entered into force on April 1, 1999, as the result of Sweden’s endeavor to modernize its arbitration law taking inspiration…
…gave wide discretion to tribunals and therefore there was often broad scope for parties to introduce large volumes of external evidence; one option being used to address this and encourage…
…the Achmea judgment is applicable to intra-EU DTT-based arbitration agreements as well; hence, aren’t both type of arbitrations capable of undermining the supremacy of EU law? Taking into account the…
…measures, the Arbitration Rules and the Rules for Expedited Arbitration of the Arbitration Institute of the Finland Chamber of Commerce (FAI), in force as of 1 June 2013, provide specific…
…chairman, sole arbitrator, counsel etc.)2)See Article 15(5) of the 2019 CAM Arbitration Rules, Article 17(7) of the 2017 GIAC Arbitration Rules, Article 13(1) of the 2017 ICC Arbitration Rules, and…
…English Arbitration Act and the ICC Rules permitted an arbitrator to award “other costs.” Fellas noted that many other arbitration rules provide an arbitrator with that authority. With respect to…
…those submitted by the parties. It can also take initiatives to obtain factual evidence as a counterpart of the application of law. An award is not subject to review on…
…ADGM Arbitration Regulations. The foregoing, and rather self-evident, conclusion is underlined by Article 32 (Determination of rules of procedure) of the Arbitration Regulations 2015, which provides in sub-section (3): “Unless…
…as main criterion the real value, in market conditions, of the damaged goods and/or establishments. Translating the UNCC Model to Class Arbitration in Brazil Taking a cue from UNCC…
…the jurisdiction, recognition and enforcement of decision across the European Union are regulated by the Recast Brussel Regulation 1215/2015 which, broadly, provides for: Specific rules for determining the intra-EU jurisdiction,…
…11; Massive Trucks Claim etc.). The first reason, explained Sir Roth, is the disclosure procedure, given that access to evidence is a key element for most of the competition disputes….
…adventures and those for the sale of goods – to contain an arbitration agreement, and a set of arbitral rules which will govern the dispute resolution between the parties. The…
…that those present at the dinner had provided evidence that more important than the popularity of the seat as a measure of London’s success as a center for international dispute…
…the “English way” of conducting international arbitration, and, in this context the role of the Prague Rules on the Efficient Conduct of Proceedings in International Arbitration. Related to this, Andrew…
…of the procedure available under the SCC Arbitration Rules, first introduced in 2010. David emphasized emergency arbitration decisions in JKX Oil v. Ukraine, TSIKinvest v. Moldova (see the inapplicability of…
…have dispute resolution take place in neutral fora. This trend can be tracked in the marked increase in the number of disputes under the LCIA rules in the banking sector…
…the LCIA’s 2014 Arbitration Rules. Do you see a further update of the Rules in the LCIA’s near future? If so, what are the top three areas you would focus…
…Such violation can be restored by granting parties the right to file a claim with a competent Russian state court in accordance with general jurisdictional rules resulting from the invalidation…
