…the issuance of provisional measures under Article 47 of the ICSID Convention and Rule 47 of the ICSID 2022 Arbitration Rules. In its decision, in particular, the Tribunal had to…
…offer a unique advantage: parties can apply for interim measures from Mainland Chinese courts—including preservation of assets, evidence, and conduct—prior to the issuance of the arbitral award. This capability gives…
…companies. 2022 saw a reform of the arbitration rules of the International Center for Settlement of Investment Disputes (“ICSID” and “ICSID Rules”) and the introduction of a provision on security…
…its Guidelines on Conflicts of Interest in International Arbitration. A key innovation of the new IBA Guidelines was the introduction of rules that enhance the role of parties and lawyers…
…provisions concerning the burden of proof and the means that constitute evidence. Travelling from Brazil to China, Fei Lu, addressed the rules of evidence from the perspective of Chinese law….
…the Peruvian arbitral system is the existence of arbitration centers that fail to meet even minimum quality standards. Anecdotal evidence within the arbitration community frequently cites examples of questionable arbitral…
…an economic advantage falling within State aid rules. The General Court then addressed the applicants’ theory that the payment under the award could not be imputable to Romania, and thus…
…taking of evidence to costlier arbitration? CIESP/FIESP’s New Arbitration Rules on the Autonomous Taking of Evidence As always, leave it to arbitration practitioners and they will solve the issue….
…for domestic arbitration, including: It eliminates the possibility of applying Costa Rican procedural rules to arbitration, an interference that for many years judicialized arbitration and distorted its principles. It restricts…
…serious infringement of rules (see José Alberto Allende Pérez de Arce (2019): “El Recurso de Queja,” Ediciones Universidad Católica de Chile, Santiago, Chile). In this case, the respondents considered that…
…support arbitration. The question of repeat appointments, particularly in specialised areas, is not considered by the IBA’s Guidelines on Conflicts of Interest in International Arbitration as necessarily indicative of impropriety,…
…interim relief money judgment application, the court ruled that Albatros effectively had no valid defense, as an arbitral award had already been issued against it. Taking a pragmatic approach, the…
…concurrent delay, the 2017 version requires the parties to adopt rules and procedures to deal with this issue. Many contracts now include an anti-concurrency clause, where the contractor would not…
…from a claim to inconvertible evidence” in dispute resolution. The main reason that losses arising from disruption is very difficult to recover is that they are not substantiated enough, mainly…
…introduced new taxation rules—to the displeasure of many investors, including Natland, who claimed damages in the amount of at least 1.8 billion Czech koruna (78 million US dollars) for breach…
…Respondent was not authorized by the Respondent given no power of attorney was submitted to the SIAC. The PRC court thoroughly analyzed the facts and consented to SIAC’s rules and…
…the materials were defective. The arbitration was conducted under the procedural rules of the Centre of Arbitration and Mediation of the Chamber of Commerce of Santiago (“CAM Santiago”), and the…
…the Terms of Reference, the 2012 ICC Arbitration Rules, and, in the absence of any rule, the rules deemed appropriate by the Sole Arbitrator. Citic submitted two Chinese-language witness statements…
…ICSID Convention, UNCITRAL Rules, ICC Rules and the New York Convention. Through this mechanism, the legislature allowed for the possibility of the domestic law being transformed into a source of…
…by recalling the well-established rules that: it must assess an arbitrator’s independence and impartiality by identifying any circumstance likely to affect the arbitrator’s judgment and create a reasonable doubt, in…
…from a relatively informal mode of dispute resolution to one that is governed by a substantial body of procedural rules, the professionalisation of arbitration, the shift from an alternative mode…
…order parties to engage in ADR, and the proposed amendments to the English Civil Procedure Rules to include the use of ADR as part of the rules’ overriding objective. …
…jurisdiction and separability. Court Assistance in Taking Evidence and Summoning Witnesses An arbitral tribunal can approach the court for assistance in summoning witnesses (see section 41(1) of the AA)….
…In institutions such as CIETAC, guidelines on evidence were published containing similar rules as the IBA Rules on the Taking of Evidence. Due to the lack of a systematic regime…
