…when a party sought exclusion of time by taking recourse to the plea of fraudulent inducement available under section 17 of the Limitation Act, 1963. The Supreme Court held that…
…the LCIA, or one of the renowned Brazilian arbitral institutions: CAM-CCBC (whose rules of arbitration were adopted for the 2017 Vienna Vis Moot), CAMARB, Ciesp/Fiesp, CBMA, Amcham and others. …
…(Understanding on Rules and Procedures Governing the Settlement of Disputes, arts. 4.4, 4.7). Also, the DSU rules govern notice, consultations, discovery, panel establishment and proceedings, and report circulation. Furthermore, the…
…be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause, except for the establishment of the…
…Rules. In terms of appointments, the ICC receives proposals from their national committees when seeking a specific profile for an arbitrator. Luiz Aboim asked the Deputy Secretary General about Expedited…
…pro-arbitration laws and the rules of their leading institutions, which is to be preferred as an arbitral seat? Starting with Singapore, the little city-state is on steroids when it comes…
…See for example Articles 38(4) and (5) of the ICC Rules and Article 28.4 of the LCIA Rules. In this regard, it is notable that efficiency and cost-effectiveness appears to…
…The United States of America c. Ecuador d. Australia e. The Netherlands 3. Which set of arbitral rules incorporates a code of conduct for arbitrators, with the possibility of…
…investor is thus accused of reaping the benefits of a BIT without taking the host country’s interests into account. So far, the response has been to strengthen the government’s capacity…
…to hear the arguments and receive evidence, and to determine for itself the question of illegality.” The Court continued adding that “if in the course of an arbitration an allegation…
…by the arbitral institution designated by the SC, proposes to delete Section 11(6A), taking away even, what can be termed, the residual powers of the Court to decide the question…
…IBA Guidelines for Drafting International Arbitration Clauses, all recommend that arbitration clauses specifically identify the “place” or “seat” of arbitration.7) See also Born, International Commercial Arbitration, at 2124 (“It is…
…Leginsky deliberated on the developments in and emergence of regional arbitration seats like DIFC, ADGM, and the QFC. The ICC Rules The revised ICC Rules took effect on 1…
…the AAA/ICDR and CIETAC expedited procedure rules, while emphasizing that the success of the procedure is dependent not so much on the rules but on the right case manager who…
…the future lie in a universal international standard of disclosure, or do local specificities also have a role to play? The IBA Guidelines provide a universal international standard of disclosure…
…on time and cost efficiency. This approach is enshrined in the four principles of its Rules. The institution issued its first arbitral award conducted under its Rules last year. …
The CERSA (CNRS-University Paris II Pantheon-Assas) organises a series of seminars on select topics in international investment law and investor-state dispute settlement (ISDS). The purpose of these seminars is to…
…proceedings in the courts of a given State. For example, the differences in procedure and rules of evidence, the triad ‘efficacy-speed-cost’ of judicial proceedings (or lack thereof), familiarity with a…
…the new 2018 HKIAC Administered Arbitration Rules coming into force on 1 November 2018 contains such disclosure rules. Under Rule 24(l) of the SIAC Investment Arbitration Rules, the Tribunal has…
…BVI litigation proceedings and taking further steps in the litigation after the commencement of the arbitration meant that Hualon had repudiated the arbitration agreement. The High Court Judge found inter…
…arbitrations is the absence of rules on how arbitrators have to conduct procedures in line with the standards of fairness and impartiality. By failing to issue awards in a timely…
…consider jurisdictional issues under the ICSID Rules, remarking that it would have seen fit to consider the intra-EU issue, even if Germany had not raised the objection. Recently, a tribunal…
…perceived common law orientation of the IBA Rules of Evidence.1) See, e.g, whether the Prague Rules are a viable alternative to the IBA Rules of Evidence, whether civil law lawyers…
…rights through hard law instruments, such as bilateral investment treaties and investment rules in free trade agreements, and have access to a system of investor-state dispute settlement, there are no…
