…registered the Request for Arbitration, implying that the dispute was not outside ICSID jurisdiction, despite there being no dispute resolution clause in the Unified-Agreement providing States’ consent to arbitration. Although…
…procedural rules and governing law of the arbitration. It considers three different scenarios: where the procedural rules or governing law of the arbitration expressly refer to “in person” hearings on…
…sought to restore its stake to 50%. Ukrnafta refused to agree and in 2007 Carpatsky commenced arbitration proceedings to recover its lost profits. The arbitration (seated in Stockholm under the…
…for SIAC tribunals to conduct the preliminary case management conference telephonically or virtually. However, given the dramatic change in the arbitration landscape in the past few months, SIAC tribunals have…
…approach to public policy In Hong Kong, the public policy defence has been adopted in Section 86(2)(b) of the Hong Kong Arbitration Ordinance (Cap 609) (“Arbitration Ordinance”).1)Note that Hong Kong…
…the UNCITRAL Model Law; cross-border enforcement of interim measures; a comparison between commercial and treaty-based arbitration; strategic management in commencing arbitrations; the future of State courts and arbitration; an interrogation…
…withdrawn.1)For instance, ICC Rules, Articles 37(5) and 37(6); LCIA Rules, Article 24(4); SIAC Rules, Article 34(6); ICDR Rules, Article 36(3); SCC Rules, Article 51(5); DIS Rules, Article 35(4). This raises…
…new rules could potentially establish the duty to disclose professional interactions which would otherwise not raise questions on the independence and impartiality of the adjudicators. Sweeping disclosure obligations can create…
…which do not have a fallback to arbitration under the UNCITRAL or other rules). It is in this context that the author wishes to briefly recall the law governing denunciation…
…of the arbitration agreements concluded between the parties despite the contentions by the plaintiff that no dispute existed in the terms of the arbitration agreement. Background of the Dispute…
…clause of its Arbitration Rules (“CBMA Rules”) and the secrecy, found on article 13, paragraph 6, of the Brazilian Arbitration Act (“BAA” – Law no. 9.307/1996) and also on article…
…for. Per s 4(1) of the Act, mandatory provisions “have effect notwithstanding any provision to the contrary”. The Departmental Advisory Committee on Arbitration Report on the Arbitration Bill 1996 specifically…
…the dispute is finally resolved through agreement for by Arbitration [sic] under the CIMAR rules. A dispute arose between the parties regarding the works performed by LGK, and MPB engaged…
…Law of the Supreme Court of Justice), not to arbitration proceedings. What we know so far The case at hand involves a domestic arbitration under the rules of the…
…Immunity Act (“FSIA”) applies. The courts have recognized arbitration exception under the FSIA. Romania, relying on Achmea, contested the arbitration agreement under the Sweden-Romania BIT as invalid and unenforceable. This…
…13.5; ICC Rules, arts. 22.1, 25.1; LCIA Rules, art. 14.4(ii); SCC Rules, art. 23(2); SIAC Rules, art. 19.1; UNCITRAL Rules, art. 17.1; Vienna International Arbitration Centre (VIAC) Rules, art. 28(1)….
…proceedings seated in New York to give evidence in support of the arbitration. The Arbitration The dispute arose under two settlement agreements between A and B on the one…
…debtor challenges a winding-up application on the basis of a disputed debt or cross-claim that is subject to an arbitration agreement, the court should apply the prima facie standard of…
…are not well-defined, not all the rules of public policy necessarily override mandatory provisions. In this respect, overriding mandatory rules cannot be derogated, and their application is compulsory irrespective of…
…contained an arbitration agreement and the place of arbitration was to be Cairo (Egypt). In January 2008, a change in the Egyptian monetary policy led to a variation of the…
…addressed what he labeled as (i) the legal issues; and, (ii) the practical issues that arise as a result of such new reality. First, the legal issues: If both…
…not a subjective right (although domestic legal systems may include provisions to that extent) and puts the proceedings out of the hand of the investor entirely (with payments awarded to…
…BVerfG itself. But in 1992, the Maastricht Treaty came onto the European stage and introduced new tensions on the CJEU – BVerfG relationship. Among other things, the Maastricht Treaty contained…
…Conciliation and Arbitration, US–Costa Rican Chamber of Commerce (CICA) Rules and governed by the domestic arbitration law of Costa Rica (Law 7727). The arbitral tribunal ruled in favor of the…
