…actively encourage settlement between disputing parties. In comparison, the LCIA Arbitration Rules do not contain similar provisions. Powers of Courts and Tribunals in Singapore In Singapore, different procedural rules may…
…a comprehensive set of procedural rules for governing arbitration proceedings. Parties can mutually agree upon the procedural rules to be applied in their arbitration proceedings if required. If there is…
…rationality, bounded willpower and bounded self-interest which explains why parties favour certain arbitration rules and procedures on confidentiality. An examination of leading arbitration rules such as the London Court of…
…new rules offered limited access to the ISDS mechanism compared with NAFTA. Furthermore, investors from Canada and the U.S. face an additional restriction as ISDS rules expired between the two…
…impartiality in accordance with article 13, paragraph 6 of the CRCICA Arbitration Rules. An Operator of the Relevant Industry (“First Operator”) v. Another Operator of the Relevant Industry (“Second…
…established by the International Commercial Arbitration Act is restrictive and refers to the fundamental principles and rules of Chilean law and not to any mandatory rules of domestic law.“ This…
On Friday 8 September 2023, the ICC International Court of Arbitration (‘ICC Court’) hosted a panel on the interaction between arbitration and national courts titled “Arbitration and National Courts –…
…arbitral proceedings against the foreign shareholder and the Company under the Dubai International Arbitration Center (“DIAC”) Rules claiming his entitlements arising from the said addendum. The tribunal rendered a favorable…
…the structure in the first volume. The cases refer to different versions of the Vienna Rules. Reference to “Vienna Rules” indicates the relevant Article of the Vienna Rules 2021, while…
…the ad hoc arbitration rules of China Maritime Law Association, with the institutional assistance of the China Maritime Arbitration Commission. Another significant milestone in the development of ad hoc arbitration…
…change the rules on damages and causation, and to have such change apply to many future investor-State disputes. With that background, this blog post proposes new rules on damages and…
…set of rules on how digital assets (including cryptocurrency) are classified has created pitfalls. For instance, in Seoul District Court Decision No. 2018KaDan800115, an application to attach certain portion(s) of…
…familiarity with a State’s court system, potential arbitrators should one need to be appointed under the rules, and the capability of the rules, in conjunction with the seat, to address…
…the Civil Procedure Rules grants the court discretion to vary the period. In this light, English courts have adopted various approaches to this limitation, ranging from refusing to extend the…
…Friederike Schäfer then observed that it can be quite challenging for arbitral institutions to meet the short deadlines under emergency arbitrator rules. Having acted as an emergency arbitrator before, Sophia…
…institutional rules (e.g., Appendix IV a) ICC Rules). He opined that bifurcation of the proceedings could be a useful tool if the tribunal was well prepared and the decisive issues…
…attractive seat, and in Japan to accelerate award enforcement. In the Middle East, institutions in Dubai, Bahrain, Saudi Arabia, and Oman have revised their rules, with the Saudi Centre for…
…where the tribunal secretary is not remunerated by the parties at all (which is the case in arbitrations conducted under the ICC Rules). To strike an appropriate balance, SIAC, for…
…whether parties do so by incorporating institutional arbitration rules that empower tribunals to decide their own jurisdiction. But that approach is not without controversy; the American Law Institute’s recently published…
…jurisdiction; (2) an arbitration under ICSID; or, (3) an ad hoc arbitration under the Arbitration Rules of the United Nations Commission on International Trade Law (“UNCITRAL”). Consequently, if a treaty…
…Rules and Appendix V, Eurofinsa made an application for emergency measures requesting the maintenance of the status quo between the parties and therefore, that the Water and Sewerage in Peri…
…arbitration, i.e. Secs. 1025 – 1066, apply. The non-applicability of the domestic rules of civil procedure also applies in other jurisdictions, though it must be noted that some jurisdictions (e.g….
…ICSID Convention and Rules, UNCITRAL Arbitration Rules, and other arbitral institutions with ISDS arbitration rules (e.g., SIAC). Ms. Lau then shared the criteria that must be satisfied to invoke ISDS…
…2021 National Arbitration Rules (the “CAM Santiago Arbitration Rules”). The amended version of these rules also came into effect recently, on 1 September 2023. Legal Framework Before the 2023…
