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,…
Search Results for: iba rules on the taking of evidence
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…
Annulment, Bias, Conflicts of interest, Disclosure, Duty to investigate, England, IBA Guidelines on Conflicts of Interest, Impartiality, Independence, Japan, Non-disclosure, Set aside an arbitral award, Set aside an international arbitral award, Switzerland
Japanese Supreme Court’s First Decision On Arbitrator’s Non-disclosure
…from a practical, theoretical, and comparative perspective. Factual Background The underlying arbitration was filed in June 2011 under the Japan Commercial Arbitration Association’s Commercial Arbitration Rules (“JCAA Rules”) and was…
Paving the Way Forward: the Supreme Court’s Ratification of Grounds for Annulment of Arbitral Awards in Argentina
…confirmation of certain conditions that are contained in rules of public order that must be respected, that is, those contained in the Procedural Code. On August 2014, in the case…
Amendments to the UAE Advocacy Law: Run into the Sand?
…DIAC Rules). Importantly, the DIAC Rules have been adopted by Ruler’s decree and therefore have the status of a law (thus producing legal rights and obligations in their own right)….
“Japan is Back” – for International Dispute Resolution Services?
…Despite good Rules (last updated in late 2015), fee structures and personnel, the JCAA has attracted only 12-27 new case filings annually over 2007-2016. This caseload is very low compared…
Anticipated revision to Article 257 of the UAE Penal Code
…Rules 2007 provides, “All arbitrators conducting arbitration under these Rules shall be and remain impartial and independent of the parties; and shall not act as advocates for any party in…
Come Arbitrate in Austria under the New VIAC Rules 2018!
…consist of three equal parts: Arbitration Rules (Part I, Vienna Rules), Mediation Rules (Part II, Vienna Mediation Rules) and Annexes (Part III, Model Clauses, Internal Rules of the VIAC Board,…
Finality of Arbitral Awards in Nigeria- Separating Harm from Hubris (Contd.)
…crop of arbitration practitioners making it to the state and federal benches in Nigeria and taking with them a firm understanding of arbitration law and the limitations of judicial intervention….
FAI Arbitral Tribunal’s Separate Award on the Reimbursement of Advance on Costs
…FAI Rules in 2013, are inspired by Article 45(4) of the 2010 SCC Rules (an essentially similar provision is set forth in Article 51(5) of the 2017 SCC Rules). The…
Setting Aside Arbitral Awards before Japanese Court: Consolidating Japan’s Position as an Arbitration-Friendly Jurisdiction?
…(an appellant) filed a petition with a court in Japan, requesting the court to set aside an arbitral award that was rendered in accordance with the rules of the Japan…