The Evolution of Arbitration in the Arab World
…had jurisdiction over a dispute submitted to ad hoc arbitration under the UNCITRAL Rules.It held that in the context of modern investment treaty arbitration, the language of Article 17 of…
…had jurisdiction over a dispute submitted to ad hoc arbitration under the UNCITRAL Rules.It held that in the context of modern investment treaty arbitration, the language of Article 17 of…
…Arbitration), they may not act on the opportunity to tailor procedural rules to fit the needs of each case. Indeed, although certain aspects of arbitral procedure appear to be widespread…
…institutional rules that contain a standard waiver (e.g. ICC, LCIA, SIAC), but will also be deemed where the parties have agreed to dispense with reasons for the tribunal’s award. Rationale…
…the rules for the enforcement of international arbitral awards in Ecuador. Background Prior to the enactment of the GOCP, Ecuadorian legislation did not have an express procedure designed to recognise…
…suggested that such rules not only “discourage bad behaviour but also legitimize good behaviour.” Querying whether an arbitral tribunal was an effective body to enforce such rules, Newmark stressed that…
…law requires often blur together some very different rules. Sometimes defenders of the system portray it as only about prohibiting discrimination against foreign investors; other times they focus on the…
…UNCITRAL Arbitration Rules, rendered, however, upon a court order. Due to the poor and inaccurate wording of Article 33.4, both interpretations could be sustained and it will be up to…
…the jurisdiction of an arbitral tribunal to consider and apply mandatory principles of EU law. It is axiomatic that some rules of EU law are mandatory in nature and form…
…details of how the State-State arbitration should take place – no choice of rules nor a method for appointing a tribunal. On the other hand, the CFIA signed with Mexico…
…also provides useful clarification as to the process of adjudication before DABs, and the rules of enforcement of decisions made by the DAB, under the 1999 Red Book. We make…
…the number of claimants in a single procedure. In PV Investors v. Spain (UNCITRAL Rules), a group of 16 investors commenced arbitration against Spain. At the very end of 2014,…
…such as the UNCITRAL Rules or the CPR Non-Administered Arbitration Rules. The incorporation of these rules provides a non-negotiable framework for the proceedings, which is essential when disputes arise. By…
…Arbitration Rules (“Rules”) until the final version of the Rules was approved in July 2014. When NCAC’s Rules were unveiled at Phnom Penh’s International Arbitration Day in 2014, it became…
…administer arbitrations under the [ICC] Rules” (art. 1(2) of the ICC Rules). It is reasonable to conclude that a general reference to the ICC Rules as the applicable rules also…
…majority of arbitral proceedings take place under ICSID rules and the ICSID awards have been published on the ICSID website for several years and the new UNCITRAL Transparency Rules introduce…
…the Rules of the Grain and Feed Trade Association (“the GAFTA”) in London, upon request of the claimant. According to the GAFTA arbitral award, the respondent was obliged to pay…
…view, these precedents are wrong for two reasons: On the one hand, because they are contrary to what it says in Article 222 of Spain’s Civil Procedure Rules (Ley de…
…court or other authority specified in Article 6 to decide on the termination of the mandate. Unlike certain institutional rules (for e.g., Rule 12.2 of the SIAC Rules 2013 and…
…of arbitration rules, although this could also be helpful. The answer lies in the proper drafting of the arbitration agreement. But before looking at this particular issue, let us reflect…
…ICC DB Rules. In the USA ConsenusDocs also provides standard DB rules. Special DB Rules had to be drafted for the exceptional circumstances for which the Rio 2016 DBs are…
…Art. 23 of the Lugano Convention and instead the default jurisdictional rules should apply. The Paris Court of Appeal held that Art. 23 of the Lugano Convention should apply and…
…date of its issuance (Article 212(5)). The award must be issued in the UAE, otherwise it will be considered foreign and the rules laid down with respect to awards issued…
…the Court of Appeal rules on a request for annulment of an arbitration award, it must analyze the nature of the decision rendered by the arbitral tribunal in order to…
…effectively agree that substantively relevant overriding mandatory rules – for instance, antitrust rules – be disregarded, when the purpose of such rules in fact requires that they be taken into…