…must have separate premises, personnel, working-hours, website, etc.; an arbitration institution must publish a list of available arbitrator-candidates (at least 10 candidates); arbitration rules of an arbitration institution must be…
…state or an international organisation under rules of public international law, should operate under commercial litigation norms rather than public law trial.[6] Revealing this dilemma is an important contribution of…
…investment arbitration, have issued more restrictive rules. This different approach is most clear in the context of arbitration involving States or State entities. Brazil: important amendments in the region’s giant…
…ones. The DCA Law directly stipulates that the rules of the former need not accord with the statutory requirements on the content of arbitration rules, which it also sets out….
…second caveat is more mechanical, in that the new policy requires tribunals to submit a draft award. Under the ICC arbitration rules, drafts are subject to review by the ICC…
…arbitration clause or special procedural rules to be incorporated into corporate bylaws or articles of incorporation, or a model clause or procedural rules for arbitral institutions. In fact, such model…
…Omani Arbitration Centre, whereby three arbitrators would determine the dispute pursuant to the Omani arbitration rules. The Tribunal must be concerned only with the fact that OMCO terminated the OMCO–Emrock…
…are also applicable to energy such as the most favoured nation treatment (MFN), national treatment (NT), free transit, Art. XX GATT exceptions as well as rules on subsidies and public…
…the respondent (EU or EU Member State). – The investor may choose that the dispute be settled in accordance with the ICSID Rules, the Additional Facility Rules or the UNCITRAL…
…of transparency in investor-State arbitration: the 2006 ICSID amendments, the 2013 UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (“the 2013 UNCITRAL Rules”) (see here), and the Mauritius Convention (see…
…revised its rules to preclude arbitrators from also serving as counsel. Then, in 2011 the LCIA published abstracts of LCIA decisions on arbitrator challenges. These abstracts provided greater guidance about…
…opinion, the IBA rules on taking evidence in arbitration were almost a “carbon-copy” of US laws. Dr Abi-Saab concluded by advocating a civil-law-centric approach to arbitration in the Euro-Mediterranean area,…
…offices in their countries, or who are jurisconsults of recognized competence.” Under ICSID, arbitrators need to “be relied upon to exercise independent judgment.” UNCITRAL Rules requires arbitrators to be “independent…
…clauses due to the “obvious potential for their misuse and a consequent undermining of international cooperation.” During the International Law Commission’s discussions of exceptions to general rules of state responsibility,…
…UNCITRAL or ICSID Arbitration Rules). At the time of Australia concluding treaties referring to them, such rules did contain some provisions relevant to the issue of transparency. The ICSID Convention…
…of the lack of consistent regulation. While some countries have prohibited the practice (see, for instance, Singapore), most of them have no laws or have applied dissimilar rules for regulating…
…from court litigation, for international arbitration as a means to resolve investment disputes under the ICSID-Convention, the UNCITRAL Arbitration Rules, at the Regional Centre for Arbitration in Kuala Lumpur or…
…SIAC Investment Arbitration Rules, which are intended to provide an efficient alternative to the ICSID Rules and UNCITRAL Rules that States can adopt in their bilateral investment agreements or in…
…hearings to be closed temporarily. The UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (‘Rules on Transparency’), for example, which also provide for the presumptive openness of arbitral hearings, are…
…It is an interesting and important topic from the point of view of comparison between awards rendered under the Arbitration Rules of the International Centre for Settlement of Investment Disputes…
…IBA Rules on the Taking of Evidence in International Arbitration have historically been a compromise between civil law and common law. The current controversies on document production in international arbitration,…
…There might be further steps afoot toward institutionalizing such practice. Arguing at this very blog, Gary Born and Mitchell Moranis proposed further ‘legalization’ through instituting unique interpretation rules for BITs….
…This competence was of limited scope, i.e. it only covered some minor transportation related disputes. In 2003, the Rules on Organization and Work of the Arbitration Court (Rules) entered into…
…own rules of procedure. The current version of the Law on Arbitration stipulates that the “parties may agree on the rules of arbitration proceedings” without further referring to the rules…
