…agreements (“FTA”) and has also been specifically addressed in new guidelines and arbitration rules. As TPF has rapidly and persistently grown into an industry that is ‘maturing nicely’ in the…
…either party. Under Rule 39 of the ICSID Arbitration Rules, a party may request that provisional measures for the preservation of its rights be recommended by the tribunal. Rule 39…
…left to define their own rules of conduct. In the absence of appropriate and consistent regulation, two remedies can already be implemented to address the imbalances created by TPF. First,…
…any grounds for refusal to enforce exist (BAA, Articles 38 and 39). Articles 216-C and 216-D of STJ’s Amendment to its Internal Rules No.18/2014 lay out the procedural requirements for…
…arbitral process. Moreover, the procedural rules of the BiH Court, though drafted with the best of intentions, require substantial updating to bring them into line with modern arbitration rules, such…
…uncertain, then reliance falls on the general rules of jurisdiction provided by Article 5(1) of the Judicial Authority Law. Importantly, it must be determined whether the parties intended to refer…
…an early phase of the arbitration. Moreover, a number of recent revisions to arbitration rules make specific reference to preliminary determinations. For example, the 2010 International Bar Association (“IBA”) Rules…
A tribunal in an investor-state arbitration under the SCC rules issued an award on 21 January 2016, in Charanne B.V, & Construction Investments S.A.R.L vs The Kingdom of Spain, the…
…Arbitration Association. In the absence of any uniform code of ethics governing counsel conduct in international arbitration, there has been a reliance on mandatory national rules. Such national rules, however,…
…attempts to obstruct or delay. At the same time, an exponential increase in rules, case law, and soft law may present confusing and diverging answers as to which powers an…
…Salvage and Arbitration Clauses (LSSA) and procedural rules. A recent change to the LSSA has opened the door to the use of representative mechanisms in maritime arbitration, thereby adding to…
…important function as these arbitrators are ultimately the judges in all the disputes. This is further complicated by the provisions of Rule 33 of the CAS Procedural Rules, as per…
…end, while some foreign rules allow combining the formal request for arbitration and the statement of claim (Art. 16 of the 2013 HKIAC Rules), the distinction between them is actually…
…two-track approach, applying different rules to domestic arbitrations and “foreign” or “international” arbitrations. This is consistent with the New York Convention and most national arbitration legislation. See Gary B. Born,…
…proposal as well as the other two agreements demonstrates that the system relies on existing arbitration rules (including those of ICSID and UNCITRAL), and is still ad hoc, in the…
…Regulation No. 655/2014 compels the creditor to apply before the court (supposedly) having jurisdiction “to rule on the substance of the matter in accordance with the relevant rules of jurisdiction…
…clause according to which disputes were to be settled by an arbitral tribunal composed of three members, in accordance with the ICC Rules. The seat of the arbitration was to…
…ICC Rules and Art. 22.1(x) of the LCIA Rules). This is not a requirement under Art. 28 of the HKIAC Rules, which permits consolidation of arbitrations involving different parties, even…
…Rules for the UPC were substantially settled (at the 18th draft) in October, 2015 – court fees and recoverable costs were outstanding and were agreed by the Preparatory Committee on…
…Court of Cassation placed unreserved reliance on Art. 24 of the DIAC Statue Rules read together with Art. 40 of the DIAC Rules, concluding in the following terms: “[on the…
…IBA Rules on Taking of Evidence in International Commercial Arbitration expressly places expert conferencing on the menu, while providing some detail on what this entails: it states that the Tribunal,…
…procedure under the Singapore International Arbitration Centre’s arbitration rules being employed. Commentary The prima facie approach First, the SGCA’s endorsement of the “prima facie” standard of review is noteworthy, particularly…
…court-like system with an appeal mechanism based on clearly defined rules, with qualified judges and transparent proceedings. A previous Arbitral Women blog post (December 2015) outlined the main innovative features…
…choice to refer to arbitration under (i) the ICSID Convention, (ii) the Additional Facility Rules of ICSID or (iii) the UNCITRAL Arbitration Rules. The revised Model BIT contains the usual…
