…arbitral institution, set of arbitral rules, arbitral seat, number of arbitrators). Further, the parties should define the scope of the clauses broadly and clearly express their intention that each of…
…confirmation that the notice [on termination] was sent”, while the Plaintiff submitted the “confirmation of a receipt” of such a notice. Despite the fact that Rules on the Organisation and…
…Agreement was terminated. He rejected Genentech’s arguments that this breach European anti-trust rules. 1.4 Genentech’s anti-trust case to set aside/annul the Arbitral Award Genentech challenged the Third Partial Award and…
…possible ethics regulators, including arbitration associations, and panelists very briefly engaged the question of the institutional incentives to adopt effective ethics rules. Ethics rules can cover a variety of topics,…
…the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings.” Notwithstanding the parties’ broad freedom to select the procedural rules,…
…rules and administering arbitrations), as a multi-national court that is the final expositor of OHADA law, and as the authority competent to annul arbitral awards rendered pursuant to CCJA rules….
…arbitration itself, and therefore it makes completely no sense to have its rules integrated with the rules of regular procedures. To summarise, all the issues highlighted – even taken as…
…An advantage for specialized arbitration institutions is also to provide better suited – for sector-specific – rules of arbitration proceedings. It should be noted, however, that amendments in arbitration rules,…
In a recent enforcement action of a foreign arbitral award rendered under the ICC Rules in London, England, the Dubai Court of Appeal questioned the United Kingdom’s proper membership of…
…with the DIAC Rules. The Claimant claimed that the Respondent failed to perform its contractual obligations and initiated arbitration proceedings pursuant to the DIAC Rules. In finding for the Claimant,…
…Article 5(1) ADR Rules, i.e. to discuss the specific ADR procedure to be followed. Article 6(1)(b) of the ADR Rules provides that the ADR proceedings shall terminate, inter alia, by…
…the logical implications of the agreement. For example, it is logical that the rules of Natural Law should apply. Hardly any of us would expect to decide between two Parties…
…agreements (“FTA”) and has also been specifically addressed in new guidelines and arbitration rules. As TPF has rapidly and persistently grown into an industry that is ‘maturing nicely’ in the…
…either party. Under Rule 39 of the ICSID Arbitration Rules, a party may request that provisional measures for the preservation of its rights be recommended by the tribunal. Rule 39…
…left to define their own rules of conduct. In the absence of appropriate and consistent regulation, two remedies can already be implemented to address the imbalances created by TPF. First,…
…any grounds for refusal to enforce exist (BAA, Articles 38 and 39). Articles 216-C and 216-D of STJ’s Amendment to its Internal Rules No.18/2014 lay out the procedural requirements for…
…arbitral process. Moreover, the procedural rules of the BiH Court, though drafted with the best of intentions, require substantial updating to bring them into line with modern arbitration rules, such…
…uncertain, then reliance falls on the general rules of jurisdiction provided by Article 5(1) of the Judicial Authority Law. Importantly, it must be determined whether the parties intended to refer…
…an early phase of the arbitration. Moreover, a number of recent revisions to arbitration rules make specific reference to preliminary determinations. For example, the 2010 International Bar Association (“IBA”) Rules…
A tribunal in an investor-state arbitration under the SCC rules issued an award on 21 January 2016, in Charanne B.V, & Construction Investments S.A.R.L vs The Kingdom of Spain, the…
…Arbitration Association. In the absence of any uniform code of ethics governing counsel conduct in international arbitration, there has been a reliance on mandatory national rules. Such national rules, however,…
…attempts to obstruct or delay. At the same time, an exponential increase in rules, case law, and soft law may present confusing and diverging answers as to which powers an…
…Salvage and Arbitration Clauses (LSSA) and procedural rules. A recent change to the LSSA has opened the door to the use of representative mechanisms in maritime arbitration, thereby adding to…
…important function as these arbitrators are ultimately the judges in all the disputes. This is further complicated by the provisions of Rule 33 of the CAS Procedural Rules, as per…
