Hungary: New Arbitration Rules of the HCCI
…also allow the tribunal to decide on the motion without notifying this other party. In addition to the procedural rules of arbitration, the Arbitration Rules also address the rules of…
Search Results for: iba rules on the taking of evidence
Arbitration, Arbitration Institutions and Rules, Arbitration Pledge, Arbitrators, Belt Road Initiative, Diversity, Technology
10 Hot Topics for International Arbitration in 2018
2017 was yet another significant year for international arbitration. Many arbitral institutions amended their arbitration rules, including: – the Stockholm Chamber of Commerce (SCC) Arbitration Rules and Singapore International Arbitration…
The Judgment of the CJEU in Slovak Republic v. Achmea – A Loud Clap of Thunder on the Intra-EU BIT Sky!
…the grounds of violation of substantive treaty standards. In its final 2012 award, the ad-hoc arbitral tribunal constituted under the UNCITRAL Rules and seated in Frankfurt, found that Slovakia had…
FAI Arbitral Tribunal’s Decision concerning the Disqualification of Counsel in Arbitral Proceedings
…directly covered by the IBA Guidelines. For example, in a recent case governed by the Arbitration Rules of the Finland Chamber of Commerce (the “FAI Rules”), Respondent B (i) first…
Will the Commercialisation of Blockchain Technologies Change the Face of Arbitration?
…upon evidence available on the blockchain in reaching its decision. That decision can then also be recorded directly on the blockchain in encrypted form (such that it can automatically be…
International Energy Arbitration: Is A New Wave Of ‘Resource Nationalism’ On Its Way?
…favorable to foreign investors: arbitration under the UNCITRAL Rules, seated in The Hague (see, e.g., Article 26.5 in the standard form contract for the first bidding round for deep water…
Indonesia: Enforceability of Foreign Anti-Suit Injunctions under Indonesian Law
…the Singapore International Arbitration Centre (SIAC) Rules. This post will discuss the Supreme Court’s reasoning behind the decision and, at the same time, will attempt to identify whether there are…
Arbitrating Fast and Slow: Strategy Behind Damages Valuations?
…an indemnity basis (e.g., ICC Rules and LCIA Rules empower tribunals to do so, if the arbitration agreement does not provide otherwise). That may also be insufficient to deter anchoring…
Arbitrator Intelligence: The Basics
…your help, by completing AIQs. Please, join your professional colleagues today by taking a few minutes at the end of each arbitration to complete an AIQ or, better yet, committing…
Corporate Counsel Considerations in Choosing Dispute Resolution Methods
…to enable default judgment to be entered. The SIAC rules have provision in r 29 for early dismissal of claims and defences but they presuppose the existence of a defence,…
International Arbitration and Artificial Intelligence: Time to Tango?
…their data to inform future predictions. A simple revision to the institution’s arbitration rules could do the trick. Confidentiality would be preserved as the parties’ data would be merely used…
Can A Party Challenge The Application Of The IBA Guidelines On Conflict of Interest?
…in a party’s opposition to the application of IBA Guidelines if an award is subsequently challenged on the basis of the tribunal’s sustained use of the IBA Guidelines. The grounds…
Protection of States’ Diplomatic Assets in France
The views expressed herein are the personal views of the authors and do not reflect those of their law firm. In France, until recently, rules governing the issue of sovereign…
The Contents of Journal of International Arbitration, Volume 35, Issue 1, 2018
…discharge it without evidence that the opposing party possesses, the tribunal has the power to order the opposing party to produce said evidence. Non-compliance with the tribunal’s order calls for…
The New OHADA Arbitration and Mediation Framework : A Glass Half Full?
…CCJA Rules. In the wake of this unfortunate episode, the CCJA Rules now explicitly provide that any fixing of fees without the CCJA’s approval is null and void, but that…
FAI Board’s Recent Practice on the Consolidation of Arbitrations under the FAI Rules
Introduction Consolidation means combining two or more arbitrations that are pending under a specific set of rules into a single arbitration proceeding. In appropriate circumstances, consolidation has various advantages. Most…
The DIS Rules of Arbitration of 2018
…quality and expeditious character of DIS arbitration proceedings (III.). Lastly, along with the amendments of several institutional rules, the DIS Rules 2018 contain several new rules for multi-party and multi-contract…
Specialised Chambers for International Commercial Disputes: Paris in the Spotlight
…procedural rules continue to apply before this court chamber, evidence and oral debates can take place in a foreign language, if the judges and the parties so agree. Judges of…
A View toward the Post-Brexit Future: the UK in the NAFTA? Part II
…would welcome the UK to accede to NAFTA” (Oral evidence: UK-US Trade Relations, HC 481-I, 25 October 2017, Questions 70-71). President Trump has stated that “no country that could possibly…
A View toward the Post-Brexit Future: the UK in the NAFTA? Part I
…dislike about the EU. It is a recurrent argument that the EU is a free trade arrangement which has got out of hand, taking too much control and interfering in…
Arbitrating in Brazil: Arbitration and Binding Precedents
…A clear and predictable line of precedents in the same direction, in some cases, as well. They are law in the sense that they are benchmarks or rules of conduct…
Israeli Arbitration Law in Knots? Foreign Service of Process for ‘Made in Israel’ Awards
…The rules that generally apply to permitting service of process abroad to a foreign party are rooted in the Civil Procedure Regulations and extensive case law. These rules require three…
Federal Court Enforces Arbitration Clause in Maritime Insurance Policy, Rejecting Reverse Preemption Claim
…incorporates AAA rules qualifies as such evidence. AAA Commercial Arbitration Rule 7 specifically provides that “the arbitrator shall have power to rule on his or her own jurisdiction, including any…
Arbitrability of Shareholder Disputes in Germany
…of unenforceable arbitration agreements, the German arbitration Institute (“DIS“) has developed a model arbitration clause and Supplementary Rules for Corporate Law Disputes (“DIS-SRCoLD“), which incorporate the Arbitrability II criteria. Due…