…interesting aspects of this interlocutory award is the Tribunal’s consideration of the interplay between the Tribunal’s procedural rules (modified UNCITRAL arbitration rules) and the CSD. The US argued that the…
…principles. Note that, if no treaty applies, Argentine courts must recognize and enforce the award in accordance with the requirements set down by the domestic rules of procedure. If a…
…in international arbitration. As a recent post has noted, there are currently no provisions in any national arbitration laws or arbitration rules addressing TPF in international arbitration. This is true…
…on 27 May 2016. The draft SIAC IA Rules are a unique hybrid of modern commercial arbitration rules and specialist investment arbitration rules (e.g. the ICSID Rules). As discussed below,…
…the EC. The arbitration community views this issue through the lens of public international law and addresses the conflict by resorting to the conflict rules of the Vienna Convention on…
…of determination of fees of the arbitral tribunal and the manner of its payment to the arbitral tribunal, the High Court may frame rules as may be necessary, after taking…
…procedure was not conducted according to the Arbitration Law and the applicable rules of procedure. As explained, the Law provides that the arbitration proceeding should be suspended when two or…
…under the ICC Rules, against (a) Endesa Internacional S.A. (currently named Endesa LatinoAmérica S/A and (b) Astra Compañia Argentina de Petróleo S/A, which later merged into YPF S/A. The arbitration…
…similar to the dispute settlement provisions in TPP. They include full transparency of dispute settlement, the introduction of stricter ethics rules to ensure independence and impartiality of arbitrators, legislative counterweights…
…say? i) Arbitration and Mediation Rules: ISTAC Arbitration and Mediation Rules (the “Rules”), as well as Fast Track Arbitration Rules and Emergency Arbitrator Rules, may be reached online through www.istac.org.tr….
…rules”, and not the substantive law which was determined by the conflict of laws rules. In the opposite situation, upon the absence of choice of law, if the tribunal choses…
…case was already being examined in Californian courts, the US Supreme Court decided in AT&T Mobility that the FAA preempts state rules that render class-arbitration waivers unenforceable. Therefore, the rule…
…conducted under the UNCITRAL Arbitration Rules of 2010 pursuant to the Hong Kong-Australia BIT. It took the Arbitral Tribunal, which consisted of highly experienced arbitrators Prof. Karl-Heinz Böckstiegel (Presiding Arbitrator),…
…the proceedings“, including orders for provisional relief. In the present case, the parties had chosen the LCIA Rules as lex arbitri, Article 25 of which permitted the arbitral tribunal to…
…rules chosen by the parties require such an award. However, the inquiry cannot stop there. Why do parties routinely request such awards, particularly given the amount of time and money…
…arbitration law or any set of arbitration rules dealing with TPF in international arbitration, though both Hong Kong and Singapore are currently contemplating applicable reforms. Despite the lack of concrete…
…and administered according to its rules. Nonetheless, the “costs of the proceedings” generally represent only a minor (but not trivial) section of the overall costs. By way of example, a…
…to notify the nature of its funding to the tribunal and to the other party to proceedings (as is already recommended in the IBA Rules on Conflict of Interest in…
…Rules 2012 Art.7, 10, the SCC Rules Art.11, the HKIAC Rules 2013 Art.27, 28). It would still be advisable to provide the tribunals with discretion on deciding whether to allow…
…Rules in future. The CCJA The CCJA, based in Abidjan (Côte d’Ivoire), is the leading arbitral institution in francophone Western and Central Africa. It is a supranational court, consisting of…
…of institutional rules, whether of local (e.g., the ADCCAC Rules) or international (e.g. the ICC Rules) origin. Otherwise, the arbitral proceedings will be ad hoc but as such may, of…
…the MAL), now recognises the principle of party autonomy in providing free choice to parties to select the rules and procedure to be applied to the arbitration. This is also…
…addressed the standards and procedures that govern in practice the granting of interim relief by emergency arbitrators, focusing in particular on the panelists’ collective experience under the ICC Rules of…
…rules or agreement. Non-parties may, in exceptional cases, participate in arbitration at the invitation of tribunals or as witnesses or observers. The role of NGOs and civil society organisations will…
