Has the Public Policy Exception Returned to Haunt Indian Courts?
…that violating FEMA provisions would amount to patent illegality and, thus, public policy of India was violated. Taking a cue from the findings of the SCI in Venture I and…
Search Results for: iba rules on the taking of evidence
Recent Development of Ad hoc Arbitration in China: SPC Guidance and Hengqin Rules
…(Guangdong) Pilot Free Trade Zone Hengqin Area of Zhuhai (“Rules”). As the first ad hoc arbitration rules in China, the Rules will to some extent implement the Opinion. However, a…
The DIFC Courts as a Conduit: Saving Grace or Just a Lifeline?
…2011). If so, that is simply the law taking its natural course. 10. Pursuing execution proceedings in respect of an arbitration award in a jurisdiction which recognizes that Award does…
Korean Government’s Vigorous Move to Nurture Arbitration “Industry”
…autonomously publishes its own domestic/international arbitration rules, to receive government funding. However, such financial support for arbitration institutions is different from various supports for the overall arbitration industry as set…
Four Key Takeaways of the Decision in Bear Creek Mining Corp v Republic of Peru
…the circumstances under which the governmental authorities issued Decree 032, noting that: (i) the authorities met on June 23, 2011 without inviting the Investor to participate, (ii) the evidence upon…
Arbitration, Arbitration Proceedings, Enforcement, Enforcement of an arbitration clause, International arbitration, Set aside an arbitral award, Set aside an international arbitral award, Turkmenistan
Law of Foreign Arbitration in Turkmenistan: An Introduction
…on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters (Minks, 1993). The regional conventions regulate and provide rules on various aspects of legal cooperation on the matters…
The Arbitrability of Oil & Gas Disputes under Brazilian Law
…constituted under the Rules of Arbitration of the International Chamber of Commerce (“ICC”) should have jurisdiction to decide the issues in dispute between the Parties until the STJ provided a…
Does The Enforcement Of Annulled Foreign Arbitral Awards In The United States Come Down To Normative Judgments?
…their dispute to arbitration subject to the rules of the Common Court of Justice and Arbitration (“CCJA”). The CCJA fixed the arbitrators’ fees at €61,000, however, after over a year…
Third-Party Funding In International Arbitration: To Regulate Or Not To Regulate?
…currently working on a way to address third-party funding in arbitrations conducted under the ICSID Rules of Procedure for Arbitration Proceedings (Arbitration Rules), 2006. Considering these recent developments in third-party…
Towards a Post-Arbitration Age: The European Commission’s Fast-Track Reform of Investment Dispute Settlement
…for the settlement of investment disputes dated 13 September 2017, COM (2017) 493 final. The EC appears to be taking a two-step approach. The first step was completed with the…
Appointment of arbitrators, Canada, Conference, Diversity, national court, North America, Transparency, Transparency in investment arbitrations, UK, United States
A Beacon in the American South: International Business Disputes in an Era of Receding Globalism
…Canada, Mauritius and Switzerland. The treaty aims to provide States and regional economic integration organizations with an efficient mechanism that extends the scope of the Transparency Rules already existing under…
The Contents of b-Arbitra, Issue 2017-1
…Giaretta shares his experience of acting as emergency arbitrator and provides invaluable practical advice, regardless of the rules you are operating under. Our case law for this issue is decidedly…
NZ Renounces ISDS: Deja Vu?
…foreign investment and immigration. Against this political backdrop, it is unsurprising that the new Labour-led government declared soon after taking office that it would legislate stricter controls over foreign investment…
Recognition of Summary Procedures under the ICC Rules: Considerations, Comparisons and Concerns
…2007 ICC Task Force report on “Evidence, Procedure and Burden of Proof” advised against the recognition of the power of summary dismissal in the ICC Rules, concluding that “[it is]…
Old Issues, New Horizons: Third-Party Funding in Morocco
…ICSID Convention and Additional Facility Rules. More specifically regarding the use of third-party funding in arbitration proceedings, many international arbitral institutions around the world, such as the ICC in its…
NAFTA Negotiations: Are U.S. Energy Companies Being Left to Their Fate?
…companies investing in Mexico are well advised to carefully structure their investments, taking into account other investment protection treaties that give them the assurances that, at this time, NAFTA cannot….
Arbitration of Labor Disputes in India: Towards a Public Policy Theory of Arbitrability.
…of the Industrial Disputes Act, 1947 (and the attendant rules made thereunder) and not the Arbitration and Conciliation Act, 1996. The Court therefore concludes two crucial issues: claims under the…
How do You Tax the Costs of International Arbitration Proceedings?
…(the “Registrar”) in taxing the costs of the arbitration is not stated in the IAA, but is left to the Rules of Court (the “Rules”). Although the position is not…
Come in, Let’s Arbitrate: The Rise and Rise of Arbitration in Nigeria
…in Nigeria is around for the long haul spreading to fresh territories and is increasingly taking on dynamic colorations just as disputes continue to shift shape. Investors can come in…
Arbitration, Arbitrators, Conflicts of interest, Disclosure, IBA, IBA Guidelines on Conflicts of Interest
The Role of the IBA Guidelines on Conflicts of Interest in Arbitrator Challenges
…law instruments in 2014 found that the Guidelines, although less well-accepted than the IBA Rules on the Taking of Evidence, constituted the second most popular instrument in the survey, with…
Achmea, European Commission, European Law, European Union, Intra-EU BITs, Investment agreements, Investment Arbitration, Investor-State arbitration
The House Always Wins Remarks on AG Wathelet’s Opinion in the C-284/16 Achmea Case
…we propose taking a different approach. We see the Opinion in the Achmea case as a game-changer and a turning point in the approach that the European Union may be…
M&A Arbitration: Pre-Closing Disputes and Letter of Intent
…seems to be gaining strength again, it is worth taking a close look at disputes that might arise in the context of international M&A disputes and how international arbitration can…
Revisiting the Chagos Decision: Search for a Rationale
…modifications concern the standard of impartiality under Rule 10, PCA’s Optional Rules. Therefore, it can be inferred that decisions applying UNCITRAL rules and supporting the appearance of bias standard, would…
A Possible Objection, Not Yet Raised, to Intra-EU ECT Claims before the ICSID: Terra Raf Trans Traiding Ltd. v. Kazakhstan Versus Eiser v. Spain
…gauge the relevance of a precedent is the basis of jurisdiction (rather than the procedural rules) of the previous tribunal that rendered it, since each BIT or MIT is to…