…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…
…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…
…refusal to enforce the award. 3. Lack of documentary evidence – evidence is often seized or destroyed and access to project areas is limited or restricted. Risks involve parties being…
…Division unless it is necessary for the resolution of the real issues in dispute in the proceedings.” Reference to “evidence” in this practice note means all evidence– claim, reply and…
…the leaked evidence. The panel pointed out that the IBA Guidelines on Party Representation in International Arbitration (2013) and Article 9(2) and 9(3) of the IBA Rules on the Taking…
…certain videos were digitally and instantly extracted as evidence of various propositions (for example that Vulcans are incapable of telling a lie). Part 2: Technology as Disruption Part 2 of…
…be revisited? The panel’s list included: online arbitral proceedings, word limits for submissions, front-loading the arbitral process, common understanding of definitions relating to evidence, whether cases should be allowed to…
…depends on the ‘role’ or ‘job description’ of party-appointed arbitrators. It was noted that there is currently no understanding, or set of written rules, which address what that particular role…
…is fundamental. One only needs to consider widely adopted instruments such as the IBA Rules on the Taking of Evidence in International Arbitration and the IBA Guidelines on Conflicts of…
…brought. Potentially, third party funders may also have an interest in funding such claims that are about changing rules in favour of third party funders. Whether or not third party…
…definition of “investment” under the investment treaty under which the dispute is brought applies; secondly, whether the definition of “investment” under the investment arbitration rules applies. “Investment” in investment treaties…
On 5 March 2018, the ICC Court announced the establishment of a commission to address dispute resolution in relation to China’s Belt and Road Initiative. The commission will drive the…
…the fourth ICSID Rules amendment process in ICSID history. The previous amendment processes brought notable additions to the ICSID Rules, such as enhanced transparency in the arbitral process (including publication…
…when it comes to disqualification and removal of arbitrators – it can learn a lot from the IBA Guidelines on Conflict of Interests in International Arbitration. The grounds laid down…
The recent decision by an intermediate New York appellate court in AlbaniaBEG Ambient Sh.p.k. v. Enel S.p.A.1)A.D.3d, No. 152679/14, 2018 WL 755355 (N.Y. App. Div. 1st Dep’t Feb. 8, 2018)….
…arguments and evidence. This practice is prevalent in France and Switzerland which permit a wider scope of review to national courts. The present case is unique in as much as…
…because EU Member States cannot be permitted to deviate from common market rules by treaty any more than they can by domestic legislation. It is also consistent with the international…
…law to the dispute, in the absence of the parties’ agreement. A tribunal can determine the applicable substantive law by referring to the conflict of laws rules or, as the…
…apply transnational rules in conjunction with national law. Therefore, while applying national law, international arbitrators validate the outcome by reference to rules with wider recognition. In essence, she concluded, arbitrators…
…Rules sided with this last approach. ↑2 Whereas institutional rules in common law jurisdictions have traditionally included express rules (e.g. LCIA, SIAC, HKIAC), those in civil law jurisdictions were hesitant…
…for new oilfield concessions which were to be subject to a revised contract. According to the anecdotal evidence, the IOCs now have a challenging period of only 2 weeks (ending…
…the New York Convention as well as the absence of any treatment in case law. The respondent also argued that the LCIA rules, absent other agreement of the parties, require…
…take. On the one hand, there was a desire to avoid contributing to what some regard as an overcrowding of rules and guidelines. Ultimately, it was decided that the essential…
…Court established a marked boundary between law for domestic and international matters, holding that domestic rules could be unsuitable for application in the international sector and that these rules should…
