Caribbean Islands in the Mood for Arbitration
…a regional organization inspired from African OHADA which started acting in 2007 and includes all islands listed above, also drafted Model Rules of Arbitration and Conciliation. As far as investment…
Search Results for: prague rules
Arbitrability, Arbitration clause, Consent, Domestic arbitration, Domestic Courts, Domestic law, Enforcement of an arbitration clause, Federal Arbitration Act (FAA), United States
What You Should Know About Nevada’s Specific Authorization Rule for Arbitration Agreements
…opinion reiterated that the Federal Arbitration Act (the “FAA” or “Act”) preempts state rules that treat arbitration agreements differently than other contracts. While a court has yet to consider whether…
The Case for Public Regulation of Professional Ethics for Counsel in International Arbitration
…playing field in international proceedings. National institutions may establish different rules, administer identical rules differently, and differ in their enforcement and sanctioning practices. Additionally, such regulation would not reach non-lawyers…
ADR, Arbitration, Arbitration Awards, Arbitrator Intelligence, Arbitrators, Global Pound Conference, ICC
The Global Pound Conference Reaches Its Conclusion: User Focus Is Now Mainstream
…their fees docked for delay in delivering the award. Yet in a 2016 Rules update, the ICC did just that. While not exactly a “money-back” guarantee, the ICC fee reduction…
The International Public Policy of the Portuguese State: A Matter of Value?
…good faith, “bonos mores”, prohibition of abuse of rights, proportionality, prohibition of expropriation and discriminatory measures, prohibition of penalties in civil matters, and basic principles and rules of competition, both…
The Call to Remove Unilateral Appointments: Seven Years On
…agreement to arbitrate under rules which default procedure is that each party is entitled to nominate an arbitrator (for example, the ICC Rules or the SIAC Rules) and no express…
The Annulment of Interstate Arbitral Awards
…of annulment bodies. In order to promote fairness, the rules governing commercial and investment arbitration (e.g., the ICSID Convention, the UNCITRAL Model Law, and national laws) provide for annulment as…
Seven Trends and Seven Tips for Enforcing GAFTA and FOSFA Awards in Ukraine
…force, i.e. that it is valid and final. In terms of such evidence, the extract from GAFTA/FOSFA arbitration rules or a letter from an arbitration institution that this particular award…
Urgency, Irreparable Harm and Proportionality: Seven Years of SCC Emergency Proceedings
SCC was one of the first institutions to provide for emergency arbitrator proceedings in its rules. In 2010, the new Appendix II was added to the SCC Arbitration Rules and…
Hong Kong Court of First Instance Rejects Crown Immunity Claim by PRC State-Owned Enterprise
…institution, and rules were not disclosed. On 10 June 2015, the Court granted TNB leave to enforce the Award. Subsequently, in August 2015, TNB applied for a charging order over…
BIT between Morocco and Nigeria – A Bold Step in the Right Direction?
…example, it is not clear from the provisions whether MFN treatment covers only substantive rules or extends to procedural protections such as dispute resolution. These debates have been raised in…
Arbitration, Corruption, Criminal law and arbitration, Economic, Jurisdiction, Jurisdiction of the arbitral tribunal, Provisional measures
Economic Crime and International Investment Law: Current Issues
…order to rebalance this asymmetry, three fundamental interrelated objectives were suggested: (i) to level playing field between investors and states; (ii) to define and apply the principles and rules pursuant…
Spanish Energy Arbitration Saga: Green Light for Investors Claiming Breach of FET?
…contradict the Tribunal’s approach adopted in Charanne. Although the final outcomes differ greatly, Charanne’s tribunal applied the same approach to legal stability and dramatic changes to the rules of the…
Enforcement, Hague Convention on Choice of Court Agreements, New York Convention, Recognition and enforcement of arbitral award
What is all the fuss? The Potential Impact of the Hague Convention on the Choice of Court Agreement on International Arbitration
…provides that the courts of contracting states must enforce awards rendered in another contracting state in the same way, using national procedural rules, as if it were enforcing a domestic…
Energy, Energy Charter Treaty, ICSID, ICSID Arbitration, ICSID Convention, Investment, Investment Arbitration, Investment protection, Investor
A First Look at Eskosol S.p.A. in liquidazione v. Italian Republic: Has Either Party Gained the Upper Hand?
…Rules of Procedure for Arbitration Proceedings (Arbitration Rules). In 2015, Eskosol filed a Request for Arbitration based on Italy’s claimed violation of the Energy Charter Treaty (ECT). Italy petitioned the…
Arbitration Institutions and Rules, Cost allocation mechanisms, Costs in arbitral proceedings, Finland
Taking a Close Look at Today’s Arbitral Process and Who Pays for It: A Report from Helsinki International Arbitration Day 2017 (II)
…rules contain an express yet rebuttable presumption that the successful party will be entitled to recover its reasonable costs (e.g., the UNCITRAL, CIETAC, FAI, DIS, Swiss and LCIA Rules). Further,…
Arbitrator Challenges, arbitrators’ conduct, Deliberations, Disclosure, English courts, Secretary of the Arbitral Tribunal, Tribunal Secretary, Tribunal's assistant
P v Q: A Principled Approach to Disclosure from Arbitrators?
…principles governing the disclosure application were those found in the English Civil Procedure Rules (the “CPR”), CPR 31.12 i.e. an application for specific disclosure. In other words, as long as…
The Contents of Journal of International Arbitration, Volume 34, Issue 3, 2017: Special Issue on Dispute Resolution in Asia
…views on the justifications for the retention of the institution and the proper role that the party-appointed arbitrator should occupy. The article then turns to providing practical rules of engagement…
Arbitration Institutions and Rules, Arbitration Proceedings, Cost allocation mechanisms, Costs in arbitral proceedings, Finland
Taking a Close Look at Today’s Arbitral Process and Who Pays for It: A Report from Helsinki International Arbitration Day 2017 (I)
…Mr Savola reminded that when drafting the current FAI Arbitration Rules which came into force in 2013, the ICC Arbitration Rules of 2012 served as a source of inspiration in…
Women in Arbitration Are on the Rise
…Four institutions revealed how they put their commitments to the Pledge into practice. At the “Not in the Rules” seminar this May in Vienna, Stefano Azzali (Milan Chamber of Arbitration),…
Antitrust arbitration, Arbitration, Arbitration Agreements, Arbitration Proceedings, Competition Law, Enforcement, England, English Arbitration Act, English courts, English Law, European Law, European Union, International arbitration
Antitrust Arbitration in Europe (Part II): The Scope and Effect of Arbitration Clauses (Microsoft Case)
…claim out of the jurisdiction pursuant to Part 6.36 of the Civil Procedure Rules. This post is further focused on a jurisdictional objection made by Sony Europe, which sought a…
Enforcement, Hong Kong, New York Convention, Singapore, Singapore Court of Appeal, UNCITRAL Model Law
Hong Kong Court of Appeal Affirms that the Choice of Remedies Doctrine Does Not Offend Principle of Good Faith under the New York Convention
…in particular cases. It is promoted only when the outcome is driven by the principled application of the rules which comprise and regulate the system. Third, the risk that much…
The CJEU’s Opinion on EU-SING FTA: More Confusion than Clarity
…This means that the transparency rules regarding ISDS, in particular the UNCITRAL Transparency Rules 2014, which are referred to in EUSFTA, must be considered to be mixed. Accordingly, the so-called…
Arbitrator's mandate, arbitrators’ conduct, Deliberations, Ethics, Liability, Set aside an arbitral award
Puma v. Estudio 2000: Three Learned Lessons
…goal is to achieve consensus, the third arbitrator might be predisposed to withhold opposing information, in order to avoid reputational damage. Chairmen should try changing the rules of the game,…