…discretion with the overall objective of establishing fairness between the parties. To this end, the national court’s rules of procedure on evidence and the parties’ failure to comply with the…
…same work. The reality is the benefit of consistency and predictability across the system, for both substantive rules and the interpretive framework that defines those rules. A unique approach to…
…of arbitral rules (commonly the UNCITRAL Rules) but administered by another institution. For parties choosing the latter option, the UNCITRAL Arbitration Rules are a popular choice. These provisions, first brought…
…Al Mulla will face a number of challenges that require immediate attention: Apart from the long-overdue revision of the DIAC Rules, Dr. Al Mulla will have to appoint a new…
…on the basis of the usual instruments of treaty interpretation and rules of conflicts. The same tension was also central to the third panel which looked at the extra-EU issues….
…its internal rules (“Internal Rules”) to modify, among others, the provisions on recognition of awards. Resolution 9/2005 was revoked and its articles were transferred, with some modifications, to the Internal…
…public disputes. Initiatives like the recent UNCITRAL Rules on Transparency in Treaty-based Investment Arbitration and the brand new UN Convention on Transparency in Treaty-based Investment Arbitration are making great strides…
…the decision C-519/04 Meca-Medina of the European Court of Justice (ECJ) has established that sporting rules, including anti-doping rules, are not per se shielded from competition law. However, an assessment…
…local rules precluding public access to court files. Also, in some places (such as New Zealand), the parties must give explicit consent before an award may be released. At the…
The split between CIETAC headquarters in Beijing and its two former Shanghai and Shenzhen sub-commissions following the adoption of CIETAC’s 2012 Arbitration Rules has remained in the spotlight. The feud…
…is envisaged, for example, by the model arbitration clauses for trusts and foundations under the 2012 Rules of Arbitration of Liechtenstein (available at ). Where institutional rules provide for a…
…Arbitration Amendment) Rules 2014. These Arbitration Rules came into operation on 1 December 2014. The Arbitration Rules set out the procedure for both domestic and international arbitration (although the focus…
…30.2 further provided that “[i]n case the Parties are not able to arrive at such an arbitrator, the arbitrator shall be appointed in accordance with the rules of the Singapore…
…various instruments including the Supreme Court of Judicature Act, the Legal Profession Act and the Rules of Court, as well as the enactment of secondary rules specific to the SICC…
…out of the jurisdiction, the claimant must be able to rely on one or more of an exhaustive list of “gateways” set out by the Civil Procedure Rules (the “CPR”)….
…successful challenge and frustrated costs. An exception to this rules exists if the arbitrator refuses to render an award at all. (Judgment of the Austrian Supreme Court, 6 June 2005…
…Martinez reported that these rules provide for review for material errors of law and factual findings that constitute clear error. Although introducing meaningful appellate review reshapes the notion of finality…
…mediation at SIMC. The SIMC will then fix a date for the commencement of mediation at SIMC (“Mediation Commencement Date”), which will be conducted under the SIMC Mediation Rules. Unless…
…language to the effect that witness testimony “may be presented by a party in written form”. (New) LCIA Rules, Art. 20.2, see also Swiss Rules Art. 25(3); UNCITRAL Rules Art….
…corruption; or a breach of rules of natural justice occurred in connection with the making of the award by which the rights of any party have been prejudiced.”). At the…
…of the International Court of Justice, judicial decisions are classified “as subsidiary means for the determination of rules of law”, but not for the interpretation of rules of law. Article…
…agreement and reference to the ICC Rules had delegated questions of arbitrability to the tribunal by virtue of Article 6 of the ICC Rules 2012 (applying Shaw Grp. Inc. v….
…rules and some laws depart from a near absolute confidentiality. The situation is different in investment and sports arbitration. We have witnessed the most recent “celebration” of transparency in the…
…Article 25(1) of the ICSID Convention as well as both the ICSID Institution Rules (Article 2) and the ICSID Arbitration Rules (Rule 1). (para. 292) “The Tribunal . . ….
