…in most arbitral rules. As a consequence, it can be unclear whether a withdrawal is without prejudice or with prejudice (i.e., a ‘waiver’ of the claims). Also, it is questionable…
With 2018 drawing to a close, the UAE legislature has ushered in a long-awaited amendment to Art. 257 of the UAE Penal Code (see Decree issuing Federal Law No. (24)…
…often agree to be governed or at least guided by the International Bar Association Rules on the Taking of Evidence (“IBA Rules”). The IBA Rules main goal was to bridge…
I. Introduction Despite the fact that commercial arbitration has experienced a huge development in Brazil in the last years and a general favorable approach by Brazilian courts, there are fields…
…and that the foreign court/arbitration tribunal which passed it is competent in accordance with the international rules of jurisdiction set down in the laws thereof; 2) the litigants to the…
…York, administered by the American Arbitration Association (AAA) under the AAA’s Commercial Arbitration Rules and governed by New York law. Iconix commenced arbitration according to this provision. The arbitration clause…
…in 1996. Senior lawyers have also reported a reluctance by some to entertain security for costs applications, even though the powers have been written into LCIA Arbitration Rules since 1998….
…to addressing corruption when it surfaces in international arbitration. While there does seem to be a general and gradual shift toward taking a more active stance than previously, arbitrators continue…
…the clause itself is certainly to be applauded. No Duplication of the Rules on Joinder As the 1998 ICC Rules did not include provisions for joinder and multi-party scenarios, the…
…relating to bonus, quality and penalty payments arose in 1999 between Coal India and White Industries. The latter commenced arbitration under the ICC Arbitration Rules and secured an award in…
…(simplified court procedure for contesting arbitrator compensation) applies to proceedings brought to court after March 1, 2019; Section 43, para. 2, (oral evidence–taking in English in challenge proceedings) applies to…
…that the default rule in UNCITRAL remains one of confidentiality, as most treaties that are still being heard were completed before the 2013 Rules of Transparency came into effect. In…
…professionalism of arbitrators. He noted that sometimes this comes with the arbitral procedure being standardized, when arbitrators systematically reproduce procedural rules like including document production rules when the parties have…
…with the corresponding distribution of only those cases that proceed to a hearing, which applies to a total of 480 cases. When taking all 3,642 international commercial arbitration cases into…
…that is entitled to administer disputes under the ICC Rules. The reference to the ICC Rules is, therefore, sufficient to stipulate the dispute resolution procedure without any ambiguity. Furthermore, there…
…Does CAJAC have its own arbitration rules as yet? If not, when if at all, will the CAJAC rules be issued? Currently, each of the centres have their own international…
…parties involved in the arbitral proceedings, be they arbitrators, counsel, institutions, experts, or even witnesses, are potentially taking on the roles of controller1) ‘Controller’ is defined in the GDPR as…
…AI. This approach, if considered and adopted, would have been in sync with what most prominent AI do globally (for example, see Rule 39 – Confidentiality of SIAC Rules and…
…the factual background, as well as of the relevant supporting evidence of the case. According to binding precedents, the SCJ is barred from reexamining the facts of the cases it…
…the tribunal rules as a preliminary question that it has jurisdiction, request the competent court to review and make its own determination on the matter. Furthermore, consistent to the Model…
…shareholder(s)’, a group of persons are treated as controlling shareholders only when they are ‘acting in concert’ (see example Companies Act, Listing Rules and Takeover Code). Proof of concert requires…
…and institutional rules3)For example Article 31 of CAAI Arbitration Rules; Article 21 (3) of ICC Rules of Arbitration; Article 29.2 of ACICA Arbitration Rules; Article 22.4 of LCIA Arbitration Rules;…
…appointing arbitrators, serving notice or taking evidence’)2)JCAA Pamphlet at page 2. representation by foreign legal counsel (registration is unnecessary to represent clients in ICA cases seated in Japan) the New…
…Rules 2018, Art. 1.5. , ICC2) ICC Rules of Arbitration 2017, Art, 29(6)(a) and LCIA3) LCIA Arbitration Rules 2014, Art. 9.14. expressly state that their EA provisions do not apply…
