…exchange for its investment in a joint venture. When MHC failed to pay the Guaranteed Return, Sembcorp commenced a Singapore-seated arbitration under the 1998 ICC Rules. In 2004, the sole…
…an arbitration agreement. 2. Taking jurisdiction Other PRC courts have adopted a different position and chose to treat the existence of an arbitration agreement as completely within the court’s jurisdiction….
…problems in implementing the Singapore Convention in China and suggests how such issues might be addressed. In “Singapore case note: interpretation of MSAs and inadmissibility of evidence from mediation”, Nadja…
…a structured rules approach which emphasises efficiency and outcomes and inhibits variation and diversity. In “Optimism in mediation: Part 1 – The captain goes down with the ship”, inspired by…
…Regulation 1348/2000 (today substituted by Regulation 1393/2007). (Art. 20 Regulation 1348/2000) The 1970 Hague Convention on Evidence has no general disconnection clause. Nevertheless it was replaced in Member States relationships…
…construe such an irregularity as a circumstance giving rise to “justifiable doubts as to (the arbitrator’s) impartiality” (s24(1)(a)) or as evidence that the arbitrator has “failed properly to conduct the…
…arbitrators.9) Remarkably, we could not find a single arbitration institution with rules regulating the size of arbitrators. Obviously, our findings have already prompted many questions for further investigation. In a…
…Rules are evidence of the divergent approaches between legal systems. Finally, Elizabeth McKee Devaney offered her input about in-house counsel’s expectations for data privacy and security, and how important it…
…would advise to start by looking at the applicable arbitration rules. Most rules, including CPR’s rules, provide the tribunal with the discretion to determine whether or not to admit evidence,…
…conducting a consultation on amending its rules, and several States considering alternatives to the current system of investment treaty arbitration. A state of flux, however, also creates opportunity. With these…
…tribunals enjoy a rather wide discretion when deciding on the admissibility of evidence. Arbitration rules contain almost no guidance regarding the admissibility of illegal evidence specifically, and the Vis Moot…
…will be settled under the rules of a clearly defined reputable art-specialised arbitration body, instead of court-led litigation. Secondly, all good faith stakeholders in the art sector want impartial and…
…Report: Survey on Obstacles to Settlement of Investor-State Disputes). First, they may wish to avoid taking responsibility for a settlement, and many disputants prefer a terrible outcome imposed upon them…
…in most of the cases parties to the arbitrator’s contract do not agree on the applicable law, leaving this issue to be determined by the rules of private international law….
…some of these short-comings. Unlike earlier attempts, however, which focused on the possibility of consolidating disputes that are conducted under one set of procedural rules, the author, inspired by the…
…evidence based on general evidence rules. Generally, the tribunal is free to decide whether to appoint or not an expert witness, for e.g., as to detect defective work or to…
…rules on competence and exclusive competences attributed to the Brussels Enterprise Court for the entire country (such as with regard to patent disputes, European Trademarks and designs, and class actions)…
…law jurisdictions and further strengthening the position of the Hong Kong International Arbitration Center. Taking into consideration the attraction of Nigeria as a preferred seat of arbitration and the potentials…
…Investment Arbitration Rules (the ‘CIETAC Rules’). The BAC Rules have made a series of innovations and proposed a ‘Chinese approach’ to the issues and drawbacks of the current investment arbitration…
…Administered Arbitration Rules. Shortly after their release in October 2018, Joe Liu, Deputy Secretary-General of the HKIAC, wrote on the Blog to introduce the Rules and explain key highlights and…
…embracing alternatives to litigation and a thoughtful approach to addressing inevitable business disagreements. CPR is more than just a provider of arbitration rules and ADR services. Can you tell…
Much ink has been spilt on the legal consequences of remitting an award back to an arbitral tribunal vis-à-vis setting it aside. The Singapore Court of Appeal in the seminal…
…Arbitration Rules against the Russian Federation based on Article 9(c) of the Ukraine-Russia BIT and sought payment of USD 50,314,336 as compensation for the alleged expropriation (the “Dispute”). The Russian…
…the recent Prague Rules were mentioned, comparing them with the IBA Rules on the Taking of Evidence in International Arbitration. The comparison was mainly focused on the document production stage…
