…their dispute to arbitration subject to the rules of the Common Court of Justice and Arbitration (“CCJA”). The CCJA fixed the arbitrators’ fees at €61,000, however, after over a year…
…currently working on a way to address third-party funding in arbitrations conducted under the ICSID Rules of Procedure for Arbitration Proceedings (Arbitration Rules), 2006. Considering these recent developments in third-party…
…for the settlement of investment disputes dated 13 September 2017, COM (2017) 493 final. The EC appears to be taking a two-step approach. The first step was completed with the…
…Canada, Mauritius and Switzerland. The treaty aims to provide States and regional economic integration organizations with an efficient mechanism that extends the scope of the Transparency Rules already existing under…
…Giaretta shares his experience of acting as emergency arbitrator and provides invaluable practical advice, regardless of the rules you are operating under. Our case law for this issue is decidedly…
…foreign investment and immigration. Against this political backdrop, it is unsurprising that the new Labour-led government declared soon after taking office that it would legislate stricter controls over foreign investment…
…2007 ICC Task Force report on “Evidence, Procedure and Burden of Proof” advised against the recognition of the power of summary dismissal in the ICC Rules, concluding that “[it is]…
…ICSID Convention and Additional Facility Rules. More specifically regarding the use of third-party funding in arbitration proceedings, many international arbitral institutions around the world, such as the ICC in its…
…companies investing in Mexico are well advised to carefully structure their investments, taking into account other investment protection treaties that give them the assurances that, at this time, NAFTA cannot….
…of the Industrial Disputes Act, 1947 (and the attendant rules made thereunder) and not the Arbitration and Conciliation Act, 1996. The Court therefore concludes two crucial issues: claims under the…
…(the “Registrar”) in taxing the costs of the arbitration is not stated in the IAA, but is left to the Rules of Court (the “Rules”). Although the position is not…
…in Nigeria is around for the long haul spreading to fresh territories and is increasingly taking on dynamic colorations just as disputes continue to shift shape. Investors can come in…
…law instruments in 2014 found that the Guidelines, although less well-accepted than the IBA Rules on the Taking of Evidence, constituted the second most popular instrument in the survey, with…
…we propose taking a different approach. We see the Opinion in the Achmea case as a game-changer and a turning point in the approach that the European Union may be…
…seems to be gaining strength again, it is worth taking a close look at disputes that might arise in the context of international M&A disputes and how international arbitration can…
…modifications concern the standard of impartiality under Rule 10, PCA’s Optional Rules. Therefore, it can be inferred that decisions applying UNCITRAL rules and supporting the appearance of bias standard, would…
…gauge the relevance of a precedent is the basis of jurisdiction (rather than the procedural rules) of the previous tribunal that rendered it, since each BIT or MIT is to…
…If international arbitration would be acceptable to both the business side and the victims’ side, why are revised arbitration rules needed? The UNCITRAL and other commercial arbitration rules are not…
…Rules when the dispute falls outside the scope of the ICSID Convention, the SCC Rules, as well as ad hoc proceedings under the UNCITRAL Rules. In 2014, Russia, Belarus and…
…appointment of the Advisory Commission and detailed requirements must be met in the case of independent members. Although the procedural rules (Rules of Functioning) are to be agreed by the…
…and convincing evidence” (EDF Ltd vs Romania – ICSID ARB/05/13), “clear and convincing evidence amounting to more than a mere preponderance” (Westinghouse vs the Republic of the Philippines, ICC Case…
…common law jurisdictions where class-action are permitted, class-action proceedings are divided into two stages. During the first one, the certification stage, the court hears evidence in order to decide whether…
…the banks’ preference for mandatory arbitration in disputes. (This in spite of some evidence the consumer actually does better in its claims in arbitration than in a class action in…
…in this aim. Indeed, an uncertainty exists as to what is exactly meant by “arbitration rules” as no definition is provided. This term could encompass rules of minor, inactive or…
