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…
Search Results for: iba rules on the taking of evidence
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…
Arbitration, Arbitration Proceedings, Enforcement, Human Rights, International arbitration, International Courts
International Arbitration of Business and Human Rights: A Step Forward
…If international arbitration would be acceptable to both the business side and the victims’ side, why are revised arbitration rules needed? The UNCITRAL and other commercial arbitration rules are not…
Arbitration in the CIS Region: from Soviet Roots to Modern Arbitration Laws
…Rules when the dispute falls outside the scope of the ICSID Convention, the SCC Rules, as well as ad hoc proceedings under the UNCITRAL Rules. In 2014, Russia, Belarus and…
The EU Sets the Standard for International Tax Dispute Resolution
…appointment of the Advisory Commission and detailed requirements must be met in the case of independent members. Although the procedural rules (Rules of Functioning) are to be agreed by the…
Anti-Money Laundering, Arbitration, Arbitration Proceedings, arbitrators’ conduct, Counsel, Counsel conduct, Germany, New York Convention, Public Policy
Arbitration and Money Laundering: What Are The Obligations Placed On Counsel And Arbitrators And What Risks Do They Face?
…and convincing evidence” (EDF Ltd vs Romania – ICSID ARB/05/13), “clear and convincing evidence amounting to more than a mere preponderance” (Westinghouse vs the Republic of the Philippines, ICC Case…
New Risks for Investors? Israel’s Supreme Court Refuses to Set Aside a Multi–Million Class Action Against Foreign Investors
…common law jurisdictions where class-action are permitted, class-action proceedings are divided into two stages. During the first one, the certification stage, the court hears evidence in order to decide whether…
Thoughts On Making Arbitration Great Again
…the banks’ preference for mandatory arbitration in disputes. (This in spite of some evidence the consumer actually does better in its claims in arbitration than in a class action in…
Proposed Reform of Italy’s Arbitration Act: One Step Forward, Two Steps Back?
…in this aim. Indeed, an uncertainty exists as to what is exactly meant by “arbitration rules” as no definition is provided. This term could encompass rules of minor, inactive or…
The Duty to Give Reasons – A Robust Affirmation
…dispute between hapū to be resolved by arbitration. The arbitral panel sat over 13 days and heard very extensive historical evidence. The panel delivered a relatively brief award determining that…
II Oxford Symposium on Comparative International Commercial Arbitration
…chosen by the parties. In doing so, arbitrators should give the same weight and legal effect to previous judicial decisions. Taking a philosophical approach, arbitral awards should apply judicial precedent…
Decrypting Cryptocurrencies: Why Borderless Currencies May Benefit from Borderless Dispute Resolution
…as protect the confidentiality of sensitive proprietary information. Indeed, arbitral rules could be specifically tailored to suit the peculiarities of cryptocurrency disputes, just as they have been for, amongst other…
Argentina’s Arbitration Legal Reform: Steps in the Right Direction?
…may not be opposed on the ground that the rules applicable to the settlement of the dispute are public policy rules. Second, the last sentence of Art. 1655, that provides…