…Convention and that “where its domestic rules of procedure require a national court to grant an application for annulment of an arbitration award where such an application is founded on…
…arbitration at various regional arbitration centres, and this is where Singapore is looking to position itself with changes to its TPF rules and initiatives like the Investment Arbitration Rules proposed…
Following the long-awaited release – on 1 July 2016 – of SIAC’s new arbitration rules (“SIAC Rules 2016”), practitioners in and outside of Asia have enthusiastically supplied a flurry of…
…leave the Hague Convention in its stead – see further below), leaving such questions to be decided by domestic rules and procedures. In short, while UK courts could hypothetically issue…
…not often arise in practice, it is of principal importance with respect to clarity and efficiency. Internationally, there are many rules that provide for the default application of the law…
…private international and procedural law, all EU instruments on common rules for jurisdiction, parallel proceedings and cross-border enforcement will cease to exist after the transitional period, not only in areas…
…assets; they would no longer have to rely on third states’ national rules, however unusual or investor-friendly such rules may be. Finally, as noted above, the forum-shopping created by the…
…and effective. Likewise, some voiced criticism over certain institutional dispute board rules which are very detailed and which resemble arbitration rules. I myself would emphasize that the tendency is that…
…and if it has not been specified, the tribunal will apply the law of the respondent, including the rules on conflict of laws and such rules of international law as…
…the law of treaties and is supported by custom and general principles. Patrick DUMBERRY, The Role and Relevance of Awards in the Formation, Identification and Evolution of Customary Rules in…
…The SCC Rules are the third most frequently used set of arbitration rules in investment disputes—after the ICSID and UNCITRAL rules. Recognizing that such disputes raise different issues and involve…
…year juridical battle against a two year suspension imposed on her for a disputed doping rules violation has put her into the spotlight even more than her sporting achievements. A…
…companies under the GAFTA Rules, which provide for a two-tier procedure. Party B, which had won the arbitration before the second-tier GAFTA appeal panel, sought to enforce the award against…
…providing for the possibility of arbitral tribunals rendering partial awards on key issues, institutional arbitration rules are rather silent when it comes to the issue of arbitral decisions on preliminary…
…2007 an arbitral tribunal constituted under the Rules of the Arbitral Centre of the Quito Chamber of Commerce issued an arbitral award against the Ministry of Public Works. Thereafter, both…
…dispute is arbitrated, it may be under the ICSID Convention and the ICSID Arbitration Rules, ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, the Regional Centre for Arbitration at Kuala…
According to a recent announcement (see the official DIAC website at https://www.dubaichamber.com/en/news/dubai-international-arbitration-centre-opens-an-office-in-difc), the Dubai International Arbitration Centre, widely known by its acronym as the “DIAC”, is set to open a…
…therefore take comfort in the above findings. They may also take comfort in the fact that many modern sets of institutional rules now impose a duty on arbitrators to proceed…
…Statute). The EMAC has been given competence to oversee disputes both under the EMAC arbitration rules (once adopted) or any other rules chosen by the parties, seeks co-operation with other…
…customary rules of nationality in the BIT context, Childress further suggested that when a BIT is silent on the question of dual nationality, international customary rules of diplomatic protection may…
…Centre (the “Center”) and a Code of Conduct of Arbitrators are almost ready and expected to be officially in place. These rules contemplate a number of hybrid rules, including: (1)…
…proceedings. On 19 January 2016 the Rules of Procedure (the “Rules”) were issued by the Tribunal, including a final section entitled “Section VI. Transparency”. This section sets out a procedure…
…that international arbitrations very frequently do not adopt the rules of evidence of its seat or a particular jurisdiction. Neither do international arbitrations typically adopt detailed prescriptive rules in relation…
…especially those coming from the commercial world. This development started with the English ‘Woolf Reforms’ in 1996, creating efficient Civil Procedure Rules in England and Wales, and is now being…
