…companies under the GAFTA Rules, which provide for a two-tier procedure. Party B, which had won the arbitration before the second-tier GAFTA appeal panel, sought to enforce the award against…
…providing for the possibility of arbitral tribunals rendering partial awards on key issues, institutional arbitration rules are rather silent when it comes to the issue of arbitral decisions on preliminary…
…2007 an arbitral tribunal constituted under the Rules of the Arbitral Centre of the Quito Chamber of Commerce issued an arbitral award against the Ministry of Public Works. Thereafter, both…
…dispute is arbitrated, it may be under the ICSID Convention and the ICSID Arbitration Rules, ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, the Regional Centre for Arbitration at Kuala…
According to a recent announcement (see the official DIAC website at https://www.dubaichamber.com/en/news/dubai-international-arbitration-centre-opens-an-office-in-difc), the Dubai International Arbitration Centre, widely known by its acronym as the “DIAC”, is set to open a…
…therefore take comfort in the above findings. They may also take comfort in the fact that many modern sets of institutional rules now impose a duty on arbitrators to proceed…
…Statute). The EMAC has been given competence to oversee disputes both under the EMAC arbitration rules (once adopted) or any other rules chosen by the parties, seeks co-operation with other…
…customary rules of nationality in the BIT context, Childress further suggested that when a BIT is silent on the question of dual nationality, international customary rules of diplomatic protection may…
…Centre (the “Center”) and a Code of Conduct of Arbitrators are almost ready and expected to be officially in place. These rules contemplate a number of hybrid rules, including: (1)…
…proceedings. On 19 January 2016 the Rules of Procedure (the “Rules”) were issued by the Tribunal, including a final section entitled “Section VI. Transparency”. This section sets out a procedure…
…that international arbitrations very frequently do not adopt the rules of evidence of its seat or a particular jurisdiction. Neither do international arbitrations typically adopt detailed prescriptive rules in relation…
…especially those coming from the commercial world. This development started with the English ‘Woolf Reforms’ in 1996, creating efficient Civil Procedure Rules in England and Wales, and is now being…
…arbitral institution, set of arbitral rules, arbitral seat, number of arbitrators). Further, the parties should define the scope of the clauses broadly and clearly express their intention that each of…
…confirmation that the notice [on termination] was sent”, while the Plaintiff submitted the “confirmation of a receipt” of such a notice. Despite the fact that Rules on the Organisation and…
…Agreement was terminated. He rejected Genentech’s arguments that this breach European anti-trust rules. 1.4 Genentech’s anti-trust case to set aside/annul the Arbitral Award Genentech challenged the Third Partial Award and…
…possible ethics regulators, including arbitration associations, and panelists very briefly engaged the question of the institutional incentives to adopt effective ethics rules. Ethics rules can cover a variety of topics,…
…the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings.” Notwithstanding the parties’ broad freedom to select the procedural rules,…
…rules and administering arbitrations), as a multi-national court that is the final expositor of OHADA law, and as the authority competent to annul arbitral awards rendered pursuant to CCJA rules….
…arbitration itself, and therefore it makes completely no sense to have its rules integrated with the rules of regular procedures. To summarise, all the issues highlighted – even taken as…
…An advantage for specialized arbitration institutions is also to provide better suited – for sector-specific – rules of arbitration proceedings. It should be noted, however, that amendments in arbitration rules,…
In a recent enforcement action of a foreign arbitral award rendered under the ICC Rules in London, England, the Dubai Court of Appeal questioned the United Kingdom’s proper membership of…
…with the DIAC Rules. The Claimant claimed that the Respondent failed to perform its contractual obligations and initiated arbitration proceedings pursuant to the DIAC Rules. In finding for the Claimant,…
…Article 5(1) ADR Rules, i.e. to discuss the specific ADR procedure to be followed. Article 6(1)(b) of the ADR Rules provides that the ADR proceedings shall terminate, inter alia, by…
…the logical implications of the agreement. For example, it is logical that the rules of Natural Law should apply. Hardly any of us would expect to decide between two Parties…
