Joinder of Third Parties: A Welcome Novelty Under the UAE Federal Arbitration Law
…of the seat or legal place of the arbitration and, if any, the procedural rules. In this context, one will note that the current version of the rules of the…
Search Results for: iba rules on the taking of evidence
Arbitration Awards, arbitrator-party relationship, Arbitrators, Challenge of Arbitral Award, ICSID Proceedings, Investment Arbitration
Arbitral Tribunal Not Properly Constituted: What is the Role of an ICSID Committee?
…criteria: proximity, intensity, dependence, and materiality. Taking into account the facts regarding the significance of shares that UBS held in Suez and Vivendi, as well as the role of Prof….
Consent, Joinder, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Sport arbitration, UNCITRAL Model Law
Relooking at Consent in Arbitration
…whose rules provide for recourse to arbitration will not have any choice but to accept the arbitral clause.’ Germany’s Federal Court of Justice (the Budesgerichtshof) took a similar stance in…
Challenges in Front of the Successful Evolution of the FDI Protection Regime: EFILA Annual Conference
…EU does not currently take issue with the substantive rules of investors’ protection in the BIT network. Indeed, there can hardly be raised an objection against rules prohibiting discrimination and…
Ad hoc arbitration, Arbitral Award, Arbitral Tribunal, Arbitration, Europe, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Public Policy, Turkey, Uncategorized
Could a Reduction in a State’s Income Violate Public Policy – A View on Turkey?
…very unruly horse, and when once you get astride it you never know where it will carry you.”1)Richardson v Mellish [1824]2Bing229, 252. Driven by the motivation of taking advantage of…
Arbitration, Arbitration Proceedings, Enforcement, Evidence, International arbitration, Scope of an arbitration agreement
Decisions of the Swiss Federal Supreme Court in 2018: Part I
…of evidence. The issue arose in a dispute brought before a tribunal under the Swiss Rules. In the award, the respondent was ordered to pay to claimant USD 1.5 Mio….
Arbitration, Arbitration Proceedings, Costs, Costs in arbitral proceedings, Enforcement, Jura Novit Arbiter, Res Judicata, Success Fee
Decisions of the Swiss Federal Supreme Court in 2018: Part II
…arguing that its right to be heard was violated since the tribunal applied the rules of equity as an autonomous source of law under Algerian law, although no arguments based…
New 2019 JCAA Rules: Is Three a Crowd?
…different approach enshrined in the new Interactive Rules. 1) Administrative Rules The JCAA administers arbitrations under the UNCITRAL Arbitration Rules pursuant to the Administrative Rules. Accordingly, these Rules are…
Analyzing Features of Investment Court System under CETA and EUVIPA: Discussing Improvement in the System and Clarity to Clauses
…of Procedure for Arbitration Proceedings, ICSID Additional Facility Rules if the former do not apply, UNCITRAL Arbitration Rules or any other rules agreed the parties. Constitution of First-instance Tribunal and…
Expected Challenges and Opportunities of Investment Arbitration in Africa
…Convention and the additional facility rules. Paul-Jean Le Cannu, Team Leader and Legal Counsel at the ICSID, similarly observes that “when comparing the data by region, […] relatively few arbitrators…
Arbitration in Hong Kong: The Year of the Dog in Hindsight
…issued new Administered Arbitration Rules. A full update on the new rules was previously published on this blog. However, in summary, the new provisions: facilitate electronic document submission by parties…
The DIFC’s Status as a Conduit: A Timely Update in the New Year
…for the recognition and enforcement of a non-DIFC award rendered in an onshore Dubai seat under the DIFC-LCIA Rules of Arbitration. In this case, the award creditor, Mr. Al Tamimi,…
National Courts, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Russia
The Statistical Analysis of the Application of the New York Convention in Russia
…names of the parties, seat of the arbitration, arbitration rules, applicable law, subject matter of the dispute, awarded amounts and currency, number and names of arbitrators, number and names of…
Comparing Hong Kong Code of Practice for Third Party Funding Arbitration with the Code of Conduct in England & Wales
…legislation did not address whether the rules of champerty and maintenance applied to arbitration in Hong Kong. There is however no case law to suggest that an arbitral award in…
A New and Improved Investment Protection Regime: Truth Or Myth!
…3.34 (1) EUVFTA preclude parallel proceedings at a domestic or international court or tribunal so as to not to undermine the authority of tribunals which could mean taking away exclusive…
Winds of Change in International Arbitration
…out into finance arbitration-specific products by offering a specific set of rules for application in finance arbitrations. Along the same lines, financial and legal concerns arise in the world of…
2018 In Review, Argentina, Belt Road Initiative, BIT, Bolivia, Brazil, Cooperation and Facilitation Investment Agreements, Costa Rica, Ecuador, Franchising Contracts, ICSID Arbitration, Latin America, Mexico, Model BIT, NAFTA, Public Procurement, São Paulo, South America, Uruguay, USMCA
2018 In Review: Arbitration Postcards from Latin America
…arbitration. Written submissions, oral advocacy and taking of evidence are some of the areas where Latin American disputes spice up international arbitration. Moreover, Latin America nations embody a strong civil…
Arbitration, Arbitration Agreements, Arbitration Industry, Arbitration Institutions and Rules, Investment Arbitration
Defending and Promoting Arbitration: Make it Simple!
…by the Singapore International Arbitration Centre (SIAC), which offers a step-by-step breakdown of an arbitration under the institution’s Rules. Of course, there is also technology, such as video conferencing, recommended…
Court Support for Arbitration In South Africa: Knowing Where You Stand
…refer their disputes to conciliation using the UNCITRAL Conciliation Rules. But the New Act does not stop at mere adoption of the UNCITRAL texts and modernisation of the old regime….
CJEU Opinion 1/17 – AG Bot Concludes that CETA’s Investment Court System is Compatible with EU Law
…the FTAs, investors’ claims may still be submitted according to the ICSID or UNICTRAL Arbitration Rules (or any other rules on agreement of the parties) whilst the ICSID Secretary General…
2018 In Review: Recent Revisions of Institutional Rules in Europe – Where Do Europe’s Arbitral Institutions Now Stand Against Global Competition?
…Rules The new ICC Rules, in effect since 1 March 2017, encompassed a number of revisions. As a reaction to the revision of arbitration rules in the various Asian arbitration…
Cognitive Errors and Thinking Aids: Rationalising Choice of Law and Arbitration Clauses
…a governing contract law. While we are all susceptible to such ‘threats’, we are able to ‘outsmart’ them through the use of effective systems and controls, frameworks and rules of…
The (Final?) Death of Intra-EU Investor-State Arbitration
…with other international law rules that would contradict its terms. The ECT contains clear wording by which signatory states, including EU Member States and the EU itself agreed to refer…
2018 In Review: Blockchain Technology and Arbitration
…may include various aspects of an arbitration lifecycle: from an arbitration clause, through submission and taking of evidence, to enforcement of arbitral awards, each using the benefits of the technology…