…dispute resolution aspect of legal work, and especially that of advocating for clients before a court or tribunal. During my Bluebook traineeship at the Legal Service of the European Commission,…
…Rules (2014), which include an Annex with “General Guidelines for the Parties’ Legal Representatives.” Other arbitral institutions have similar rules providing for arbitrator discretion in assessing and sanctioning party conduct….
…Law in International Arbitration – The Beginning or the End? The presentation of the Prague Rules on the Efficient Conduct of Proceedings in International Arbitration on 14 December 2018 has…
…Impact of the New Cabinet Resolution The new Cabinet Resolution has clarified the position regarding enforcement of foreign awards, as it contains new provisions in Chapter IV at Articles 85…
…with Guaidó’s government will need to meet a high standard before it is recorded in a consent award, pursuant to Article 33 of the 2017 ICC Arbitration Rules. Article 33…
…and clients, any information related to a set of confidential proceedings or communications between a psychotherapist and a patient. Privileged documents deserve higher legal protection and they cannot be admitted…
…the arbitration of internal trust disputes. Those recommendations are yet to be adopted. The New Zealand approach The proposed amendment to the Arbitration Act The Arbitration Amendment Bill contained a…
…regulations for environment protection. Since domestic law is one of the applicable laws in investment arbitration, the domestic legal framework on environment protection is relevant. There is a large body…
…Rules innovate or duplicate existing rules and guidelines, such as the IBA Rules on the Taking of Evidence in International Arbitration (the “IBA Rules”) (this section was dealt with by…
…the viewpoint of arbitration practice. New Zealand’s latest attempt in the Arbitration Amendment Act 2019, which came into force on 8 May 2019, demonstrates both the potential and the limitations…
…freezing injunctions may be affected in certain cases by the agreement of the parties concerning the powers of the Arbitral Tribunal or the provisions of the relevant institutional rules. This…
…language in certain court proceedings related to arbitration. It is important to note that the provisions of the SAA 2019 apply to the extent that the parties have not derogated…
…conservatively, with arbitration remaining the ‘least worst’ option for dispute resolution. Barbara also observed that in her experience institutional arbitration was preferable as it gave clearer structure to a dispute….
…DTTs differ formally in that BITs provide for Investor-State arbitrations as well as State-to-State arbitration, whereas DTTs enable arbitration prompted by the taxpayer between the two tax authorities of the…
…measures, the Arbitration Rules and the Rules for Expedited Arbitration of the Arbitration Institute of the Finland Chamber of Commerce (FAI), in force as of 1 June 2013, provide specific…
…chairman, sole arbitrator, counsel etc.)2)See Article 15(5) of the 2019 CAM Arbitration Rules, Article 17(7) of the 2017 GIAC Arbitration Rules, Article 13(1) of the 2017 ICC Arbitration Rules, and…
…law, such as when one is contractually weaker or lacks legal advice. Prof. Schwenzer added that in her experience, parties may, at times, chose laws to apply to their contracts…
…arbitration, to ask “what do you want to be when you grow up?” (Patricia Shaughnessy, Pre-arbitral Urgent Relief: The New SCC Emergency Arbitrator Rules’, Journal of International Arbitration, (2010), Volume…
…reference. This reflects a perception of the role of the seat of arbitration and its legal significance as the sole link between arbitration and national legal orders which decisively inform…
…enhanced adoption of the UNCITRAL Model Law. Part 3 of the Arbitration Regulations 2015, which governs arbitration proceedings, applies to arbitrations “where the seat of the arbitration is the Abu…
…class action and arbitration law were designed independently and the legal framework does not necessarily provide for a specific legal apparatus to allow combination of the two. Still, that does…
…a UK court has been exequatured before the withdrawal date, the EU rules on recognition and enforcement of such judgments of the UK will not apply to a judgment of…
…arbitration law.8)Article 58 of the Egyptian arbitration law. Conclusion The question of arbitration and competition law is a question of equilibrium between both of them in a way to ensure…
…arbitration agreement is subject to the jurisdiction of a tribunal formed under the arbitration agreement”2)Do arbitration agreements in bills of lading bind their holders? Watson Farley & Williams, August 2018,…
