…most peculiar provisions are presented in this post: Applicable procedural and substantive laws According to the CAC Procedural Rules (available in Croatian here) [“CAC Rules”], applicable law to the merits…
…example the 2012 ICC Arbitration Rules, Kreindler believes that Article 41 (General Rule) actually empowers arbitrators to make a self-initiated investigation into corruption and other illegalities, by stating that “the…
…related issue is what the consequences of arbitral tribunal’s establishment of an illegality hidden in the consent award are. In an award rendered in June 2014 under the Rules of…
…Arbitration (the “IBA Guidelines”) and the 2014 Arbitration Rules of the London Court of International Arbitration (the “LCIA Rules”) and their Annex, namely that they place on arbitrators responsibilities for…
…treaty may not satisfy the requirements of the ICSID Convention (such as the “nationality” or “investment” requirements). This would mean that, if anything, only the ICSID Additional Facility Rules would…
…Arbitration Rules to bring them in line with the amendments and improvements introduced by the 2014 LCIA Arbitration Rules. Such improvements include without limitation the introduction of an emergency arbitrator…
…investment in this case violated not only Croatian laws, but also applicable rules of international law, pursuant Article 26(6) of the ECT, which provides that disputes need to be decided…
It is fair to say that arbitration is already a widespread dispute mechanism in Portugal, broadly used not only for commercial disputes but also for disputes in other areas such…
…received compensation for the costs they incurred in national courts deprived them of their right to request compensation for lost profits. The SCL formed a number of key rules in…
…and ISDS promote the Rule of Law, legal certainty and the flow of FDIs – for including easily accessible, effective and fair ISDS rules in all trade and investment agreements….
…Austrian Supreme Court confirms that the EU competition law rules in the terms of Articles 101 and 102 TFEU form part of the national ordre public (read: public policy): “Gemäß…
…conflict of law rules. This will often lead to the law of the seat of arbitration. What are the effects of a decision by the German court? Like the application…
…Arbitration Act. Both of these initiatives take aim at issues that could have been addressed through enforceable ethical standards or rules governing the conduct of arbitrators. It is up to…
…a necessary part of arbitration. As it was a case in Poland under the amended rules (until 1 January 2016) at least two court instances were available to the parties…
…the Russian company law and the delocalization of the country’s economy, such as general rules on shareholders agreements (SHA) or the “four-eyes” principle enabling the appointment of more than one…
…their rules. One notable exception is Art. 37, Para. 4 of the Rules of the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry (Court of Arbitration at…
…whether a tribunal should resort to private international law in case of an international dispute. If yes, should it apply the private international law rules of BiH, or “the conflict…
…tribunal with jurisdiction, the legislator created another layer of limitation specifically related to international cases, in particular, related to conflict-of-law rules in art. 28 of the Model Law. In particular,…
…inexpensive proceedings. By contrast, so they say, today’s arbitral process has become so over-sophisticated, over-lawyered and suffocated by a plethora of detailed laws, rules and guidelines that arbitration is hardly…
…administration services and provides for different ADR procedures, including mediation, arbitration and expert determination. The WIPO Arbitration Rules are particularly adapted to intellectual property related disputes and are generally regarded…
…Panel and List of Arbitrators. HKIAC was also the first institution in Asia to release a Russian version of its administered arbitration rules. III. Experience HKIAC has significant experience managing…
…ICC Rules 2012, the LCIA Rules 2014, or the Draft SCC Rules 2016). In summary, it is a question whether the proposed changes will promote Russia as a serious competitor…
…with the PSI than what was an offer in the markets. Before the International Swaps and Derivatives Association (ISDA), which manages Credit Default Swap (CDS) rules, declared that a Restructuring…
…rules, so that set aside proceedings would be primarily in writing, and exclusively decided by the Svea Court of Appeal, which is the court that already decides the vast majority…
