Third Party Funding for Arbitration in Nigeria: Yea or Nay?
…international level. Whilst noting that it is virtually impossible to address all issues with a single set of rules, and the need to avoid the risk of over-regulating as…
Search Results for: iba rules on the taking of evidence
UAE Federal Arbitration Law Adopted at Long Last: All Well that Ends Well?
…under UAE Arbitration Chapter in combination with a leading set of arbitration rules, whether e.g. the local DIAC Rules, the ICC Rules or the free zone DIFC-LCIA Rules. In this…
A One-Two Punch to the Kompetenz-Kompetenz Principle in Venezuela
…contained a pathological arbitration clause, in that the clause referred all future disputes to arbitration under the rules of a non-existing arbitration institution: the Conciliation and Arbitration Centre of the…
Do Arbitration Users Really Value Finality?
…incorporated into leading institutional rules such as those of the LCIA and ICC. Under these institutional rules parties exclude the right to appeal which, as it is not a mandatory…
Enforcement, Sovereign Immunities, Sovereign Immunity, State entity, State Immunity, Waiver, World Bank
Sovereign Immunity From Execution: Caveat Emptor
…is the way in which procedural rules and legal devices (e.g. discovery tools and burden-of-proof rules) steer the legal process in a certain direction, and therefore also outcomes and behavior….
Jumping on the TPF Bandwagon: Nigeria’s New Arbitration Bill Embraces Third-Party Funding
…of the Bill relevant to TPF are Sections 50 1(g) and 84, as well as Article 41(2)(g) of the Arbitration Rules attached as the First Schedule to the Bill. Section…
How Should a Court Asked to Apply Article 8 of the Model Law Approach its Task: Challenges for the Arbitral/Court Interface (II) & Request for Comments “Procedure and Evidence in International Arbitration”
…common law parol evidence rule must be considered, there will usually be sufficient ambiguity in the impugned arbitration agreement to allow for evidence of the background to the negotiations and…
How Should a Court Asked to Apply Article 8 of the Model Law Approach its Task: Challenges for the Arbitral/Court Interface (I)
…full evidence to overcome this problem, it would duplicate the arbitral process and allow for messy arguments about admissibility and inconsistency of evidence between the two fora. Such duplication is…
Data-Driven Decision-Making: From Fine Wine to Fine Arbitrators
…are a number of challenges in analyzing data from phenomena as complex as arbitral disputes. Such challenges include accounting for different institutional rules, differences in appointment of the arbitrator (was…
ISDS Under the CPTPP and Beyond: Japanese Perspectives
…Toward Establishment of 21st-Century International Investment Rules –, 15 December 2015, https://www.keidanren.or.jp/en/policy/2015/119.html. It is true that Japanese companies tend to shy away from using arbitration – either commercial or…
What Causes Inter-Institutional Variations in the Duration of the Arbitration Process?
…of the 2007 and the 2010 SCC Rules, Art. 16 and 17 of the 2013 HKIAC Rules and Art. 17 of the 2013 SIAC Rules). Assuming that the 28-day limit…
8 Key Points from the ICCA-QM Task Force’s 2018 Third-Party Funding Report
…might prove fertile ground for future arbitrator challenges. Recall that the 2014 IBA Guidelines, Rule 6(b) applies equally to funders: If one of the parties is a legal entity,…
Could ENI Bring an Arbitral Claim Against Turkey for Obstructing Oil Exploration in Cyprus’ Waters? The Extra-Territoriality of BITs Against Occupying Powers
…– which are registered with the Permanent Court of Arbitration (PCA) and being conducted under the UNCITRAL Arbitration Rules 1976 (UNCITRAL Rules) – the Ukrainian claimants contend that the Russian…
The Contents of Journal of International Arbitration, Volume 35, Issue 3, 2018
…are a number of policy considerations which point against the recoverability of the full costs of TPF. The authors recommend modifications to institutional arbitration rules and national arbitration laws to…
Independence of CAS vis-à-vis its Funders and Repeat Users of its Services
…“big client” like FIFA, such an allegation assumed a very poor state of mind of those individuals and, in any event, the Club did not provide any evidence to that…
Summary Disposal In Arbitration and Tribunals’ Ability To Order Summary Procedure Without Express Authority
…effective on 1 January 2017 (Article 39(1)). In contrast, the LCIA Rules, the ICC Rules, the ICDR Rules and the UNCITRAL Rules constitute examples of arbitration rules that do not…
Third Party Funding in Asia: whose duty to disclose?
…Rules instead.9)Singapore Legal Profession Act 2001 (Cap. 161), section 71; Singapore Legal Profession (Professional Conduct) Rules 2015, sections 49A–49B. This could be to ensure that lawyers in Singapore do not…
Intra-EU Investment Arbitration Post-Achmea: A Look at the Additional Remedies Offered by the ECHR and EU Law
…under EU State aid rules if they distort or threaten to distort competition and affect trade between Member States. As it is the case for the ECHR, these fundamental principles…
The Standard of Attorney-Client Privilege In International Arbitration: Is The “Most Protective Law” The Right Answer?
…the Taking of Evidence in 1999 which were further updated in 2010 (the “IBA Rules”) to offer guidance for arbitral tribunals when dealing with evidentiary issues. The IBA Rules have…
Arbitration, Arbitration Awards, Brussels Regulation, Enforcement, English courts, English Law, European Law, New York Convention
How Can We Tackle the Problem of Non-Binding Judgments as to the Validity of an International Arbitration Agreement within the Context of EU Law?
…of rules relating to the recognition and enforcement of judgments in civil and commercial matters within the Member States’ territory. Arbitration has always been excluded, not only from the scope…
Singapore High Court Finds that an Arbitral Tribunal is Empowered to Disregard the Parol Evidence Rule
…Court’s observations should apply with equal force when interpreting and applying the IBA Rules on the Taking of Evidence in International Arbitration 2010 (“IBA Rules”). The IBA Rules were referred…
Why We Don’t Need Blockchain to Manage Cases in International Arbitration
Until a few decades ago, international arbitration was perceived to be a quick and inexpensive way of resolving disputes. However, the proliferation of legal rules, the disclosure of voluminous documents,…
Arbitration, Arbitration Agreements, Arbitration Awards, Arbitration Proceedings, Arbitrators, Enforcement, Expedited arbitration, International arbitration, Party autonomy
Expedited Procedure Vis-à-Vis Party Autonomy, Enforceable?
…that opting for the expedited procedure under SIAC Rules 2010 is indicative of the intention of the parties to accept the SIAC Rules in its entirety and not just one…
Developing a Coherent Basis for International Minimum Standard of Treatment
…Treatment (FET), and other non-discrimination doctrines such as National Treatment (NT). Some rules of international law are ascribed a greater legal significance in foreign investment law and this requires knowledge…