…Rules of Arbitration of the DIFC-LCIA (the “DIFC-LCIA Rules”) and the DIFC Arbitration Law (the “Arbitration Agreement”). In addition, Clause 10 of the Subcontract provided for the exclusive jurisdiction of…
…to complete the arbitration do not apply to international commercial arbitrations and are only suggestive in nature (S 29A). A State-supported International Arbitration Institution The New Delhi International Arbitration…
…foreign investors through arbitration shall ensure the arbitration is conducted within the Kingdom in the Saudi Center for Commercial Arbitration or other arbitration centers licensed by the permanent committee referred…
…reason for this is that ISDS provides a form of access to justice and allows for the review of government conduct under international legal standards that cannot be performed with…
…an arbitration clause is treated as having joined the contract and submitted to the arbitration clause if she indicates her will expressly or gives the impression under the principle of…
…a private body, such as the ICC or the CAS, to appoint an arbitrator – on the basis of the rules of the arbitration institution – does not constitute an…
…(2) corporate social responsibility (CSR) provisions; (3) general exceptions provisions; (4) provisions preserving regulatory autonomy; and (5) non-lowering of standards provisions. In some instances, explicit reference is not made to…
…In comparison to the previous Arbitration Rules and the Rules of Expedited Arbitration (hereafter the “2013 Rules”), the Institute will now require an advance on costs in all arbitration proceedings,…
…subject themselves to arbitration, and in the fact that party autonomy prevails over most arbitration rules, provided that the essential principles of due process are respected. AI and Decision-Making…
…provided to aid a private international arbitration tribunal. During 2019, a New York federal district court judge allowed such discovery in aid of an LCIA arbitration, another New York federal…
…Arbitration (‘Prague Rules’). This article strives to elucidate the mechanics of the Prague Rules. An understanding of these new provisions, however, cannot be achieved in a vacuum; as such, much…
Introduction The Society of Construction Law India and the Chartered Institute of Arbitrators India Branch together held an International Conference on Construction Law and Arbitration in New Delhi, India in…
…of its institutional rules (Rules on Organization and Work of the Arbitration Court – hereinafter ‘Rules’) without any significant elaboration. None of the above provisions envisage further conditions as to…
…the parties to arbitration is considered by most arbitration laws as the cornerstone of arbitration, on which rests the legitimacy of the arbitrator’s power to decide on the matter and…
Recently, the Center for International Investment & Commercial Arbitration inaugurated its Young Arbitration Group in Pakistan in a conference which attracted foreign panelists who efficaciously explained the theory and practice…
…to arbitration could not have legal effect with regard to third parties to whom it was not addressed. Secondly, pursuant to both the Hungarian arbitration legislation and the New York…
…Appellants sought to stay the arbitration proceedings, on the grounds that they had never consented to arbitration. Based on the competence-competence principle, the Court of First Instance refused to stay…
…not proceeding with the arbitration, unless the arbitration agreement did not incorporate any arbitration rules. Default provisions under the Arbitration Act 2005 should have applied It was argued by…
…International Arbitration Centre. Similarly the Tashkent International Arbitration Centre in Uzbekistan, which was established in November 2018, began administering disputes. In Kyrgyzstan, the government proposed institutionalizing arbitration as a mechanism…
…and the entry into force of the Hungarian Arbitration Act2)Hungarian Act LXXI of 1994 on Arbitration. (‘Arbitration Act’) two months later, on 13 December 1994, were two major symbolic steps…
How is the content of laws determined, and by whom, in international commercial arbitration? This topic mainly concerns an old legal assumption: iura novit curia, the Latin legal maxim for…
…the launch of a new arbitral institution. Panel discussions The panel topics at the Arbitration Day were as follows: “Arbitration as an Effective Mode of Resolving Commercial Disputes“, with…
…governed by Articles 2 and 3 of the Arbitration Law of the People’s Republic of China (“Arbitration Law”). Article 2 states that “equal subjects of law” may arbitrate “contractual disputes…
On 1 March 2019 the Milan Chamber of Arbitration issued its amended Arbitration Rules (the “2019 Rules’”) with the aim of improving “the efficiency and the rapidity of arbitral proceedings…
