…violation, where such elements stop being upheld by the State in question. Elements and evidence in support of a FET violation in this case are: – the breach of specific…
…is confined to rulings on breaches of BIT, and, second, the BIT legal rules are not the same as those of the EU Treaties. The AG makes the important finding…
…the level and scope of confidentiality is variable, arbitration offers the possibility to resolve disputes behind closed doors. Disputes submitted to international arbitration generally require evidence of facts which are…
…transparency have been answered in the investment realm by the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration and the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration and…
…of the BITs offer options, at the investor’s choice, between arbitration under ICSID Arbitration Rules and ad hoc UNCITRAL Arbitration Rules. The Cambodia-Croatia and the Cambodia-Netherlands BITs further include the…
…the world is now relatively straightforward. 2. Contemporary arbitration framework – legislation and rules Each of Australia, Korea and Malaysia has contemporary frameworks governing international arbitrations, whether rules or governing…
…People’s Republic of China and the Portuguese-Speaking countries, particularly Portugal, evidence that Portuguese-speaking jurisdictions have a lot to learn from China’s arbitration practice, especially in what the institutional perspective is…
…have impacted the proceedings or have “any adverse consequences for the government.” He referred to Mr Adamescu’s role as a witness but noted that he had already given evidence before…
…exchanged various drafts of the agreement, all of which contained an arbitration clause providing for arbitration under the FAI Arbitration Rules (“FAI Rules”). The clause read as follows: “Any dispute,…
…established in a final and binding criminal court judgment. Likewise taking after the UNCITRAL Model Law, the time window for the unsuccessful party to apply for setting aside under the…
…Second Circuit upheld the district court’s decision to vacate its earlier judgment of enforcing the award. The motion to vacate the judgment under Rule 60(b)(5) of the Federal Rules of…
…matter of issuance of the Taking-Over Certificate7)Sub Clause 10.1 of the FIDIC Contract. to the DAB for adjudication. The DAB decided that the Taking-Over Certificate should be deemed issued as…
…arbitrator were at stake, the IBA Guidelines were used to decide such issues. Relying on the IBA Guidelines as a non-binding but authoritative source of soft law, the Supreme Court…
…In particular, party-appointed arbitrators play an important role in ensuring that the tribunal considers the evidence and arguments presented by the parties that appointed them. Apart from ensuring that the…
…discharge this burden, the investors had to, in the words of the Court, adduce “evidence positively demonstrating” that an Aquilian action is unavailable or ineffective with reference to the shuttering…
…Rules”). The 2013 Rules, while maintaining the “light touch” approach of the 2008 Administrated Arbitration Rules, made important contributions to international arbitration by introducing unprecedented provisions on multi-party and multi-contract…
…remedy available through the court of the seat of arbitration, as selected under Article 18.1 of UNCITRAL Rules, 2010. As to the basis to exercise jurisdiction, the Delhi High Court…
…in the case of conflict, EU rules prevail. Nonetheless, the EC has argued that an implied disconnection clause must be read into the ECT. The EC has also argued that…
…rather, is rooted in the competence of the arbitral tribunal; though there exists no evidence to the effect that tribunals appointed in foreign-seated arbitrations are more competent than those appointed…
…discovery is not required to demonstrate a taking, this could lead to a speedier resolution than would be available in arbitration, where expropriation disputes can take years to resolve. It…
…arbitration. More experienced attorneys, who previously practiced predominantly in the courts of their own country, must now represent their clients in disputes governed by a set of arbitration rules, mostly…
…arbitration users who seek protection and preservation of their rights before the constitution of a full tribunal. However, most arbitral institution rules that include rules on emergency arbitrator procedure fail…
…By that Order, the DIFC Court recognised and enforced a pair of arbitration awards rendered under the LCIA Rules in London and permitted alternative service of the Order on KRG’s…
As on May 1, 2017, 60751 cases were pending in the Indian Supreme Court. Likewise, as per the data available, a total of 41,53,957 cases are pending in the twenty-four…
