…(legally trained) professionals in the field, relatively little attention has so far been paid to the issue of arbitrators’ liability. Most institutional arbitration rules provide for a limitation of the…
…the Convention through Article VII – the so-called more-favourable-right provision – the Court allowed the party seeking recognition and enforcement to rely on the rules that are more favorable to…
…Rules. The parties have agreed on Moscow as a place of arbitration and the ICC as the appointment authority. When a dispute regarding the termination of the concession agreement arose,…
…of the Saudi Center for Commercial Arbitration (SCCA) in 2014. Recently, the SCCA launched a website , which provides information about its rules, processes, and fees. This is a promising…
…and opinion juris. As indicated in several earlier cases and more recently reiterated in Philip Morris v. Uruguay, states’ adoption of particular rules in international treaties can constitute “evidence” of…
…the decisive factor (47% of the answers concerning Polish arbitral institutions, and 62% with regard to international institutions). Criteria such as low costs, up-to-date arbitration rules and similar were ranked…
…of the ISDS rules within TTP. However, as I noted in a previous blogpost, the anti-ISDS groups have been extremely silent when the first Philip Morris case against Australia was…
…such an application succeed. Where the arbitration is being conducted under institutional rules, a party should seriously consider applying to the institution in the first instance. Not only is this…
Introduction On 12 July 2016, a five-member arbitral tribunal (the Tribunal) constituted under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) issued its long-awaited…
…advice if necessary (guideline 2.8); (5) disclose circumstances arising from any funding that “might give rise to any possible issues of conflict of interest under applicable laws and rules” (guideline…
…of 270 million USD. The Claimants requested the appointment of emergency arbitrator in accordance with the SCC Arbitration Rules. On January 8, 2015, the parties were informed of the appointment…
…that are annulled should not be enforced with exceptions only allowed in unusual circumstances. Sometimes we must remember what the rules are and what the exceptions are. It is for…
…to arbitral justice and the right to recover awarded costs. Yet, someone has to bear the risk of the impecunious claimant. There are no set rules on this topic. The…
…recently released its Rules on 15th June 2016, which has already created quite a flurry amongst the practitioners both inside and outside India. While the rules are yet to be…
…Tecnimont “saga” raises two issues that have been at the heart of a fierce debate for years, the binding force of the rules chosen by the parties to govern the…
…adjudicated under ICSID rules (plus 42 under ICSID’s Additional Facility rules) as opposed to 212 under UNCITRAL rules. One of the touted advantages of ICSID awards has been their perceived…
…court’s refusal to enforce an award rendered under the Rules of Arbitration of the International Chamber of Commerce (ICC) in London, England, on the basis that the UK had not…
…by the parties” can serve no other grammatical purpose, (id. at 217), other than to modify both “elements in the series”: “among the rules of punctuation applied in construing statutes…
…substantive impact. Arbitration is excluded from EU legislation regarding jurisdiction and enforcement, and a tribunal seated in London is not obliged to follow EU rules regarding choice of governing law….
…Chilean Supreme Court remarked that, when accepting the ICC Arbitration Rules, Minera Santa Fe undertook to carry out any award without delay and waived its right to bring any form…
…or more parties in connection with the conclusion of the treaty, any subsequent agreement between the parties, any practice that is equal to an agreement, and relevant rules of international…
…finds support in the exceptions to confidentiality contained in virtually all arbitral laws and rules that provide for corresponding confidentiality obligations [See, e.g., LCIA Rules, Art. 30(1); Swiss Rules of…
…arbitrators, instead of courts, such as Article 28 of ICC Arbitration Rules, and Article 25.3 of the LCIA Rules. – Experience has demonstrated that it might be better to request…
…investment framework in the Balkans would allow this recalcitrant area to draft its own rules, while taking into consideration all the existing dynamics and not fall into the diplomatic trap…
