…Rules of Arbitration, at Art. 38; London Chamber of Commerce Arbitration Rules, at Art. 2 of Appendix III; American Arbitration Association Commercial Arbitration Rules and Mediation Procedures, Administrative Fee Schedules….
…Arbitration survey conducted by the School of International Arbitration at Queen Mary University of London. A link to the survey can be found here. The survey comes at a critical…
…on provisional measures. The majority of public decisions in investor-state disputes were rendered under the ICSID Arbitration Rules, UNCITRAL Arbitration Rules and ICSID Additional Facility rules. Although arbitration rules have…
…(M. Paulsson, ‘The 1959 New York Convention in Action’, (Kluwer 2016), pp. 120-121.) Today, proponents for a Multilateral Investment Court view that the New York Convention will apply. Is this…
…fundamental guidance, as the VCLT regulates cornerstone issues such conclusion, validity, termination and, very importantly, interpretation. Rules of interpretation as per the VCLT have lately become a point of focus…
…of investment treaties and investment treaty arbitration, this practice has broader implications. Through transparency efforts, a growing volume of negotiating materials are now publicly available. The impacts of such materials…
The Vienna Convention rules for treaty interpretation (VCLT) routinely referred to by all international courts and tribunals are known to be the result of a compromise between different schools of…
…ICSID arbitration to disputes arising out of investments that contribute to the economic development of the host State. The decisions of the ICSID tribunals that followed the Salini test show…
Legal Reasoning: Interpreting and Applying the Law1)Mary Mitsi, The Decision-Making Process of Investor-State Arbitration Tribunals (Kluwer 2019). When analysing the process of legal decision-making what might first come to mind…
…VCLT rules on treaty interpretation in Articles 31-33 reflect customary international law. Investment tribunals have also recognised that other provisions of the VCLT reflect customary international law, including the Article…
…BITs] shall not serve as legal basis for new arbitration proceedings”. New arbitration proceedings are defined as proceedings initiated on or after 6 March 2018, i.e. post-Achmea judgment. This apparently…
…new regime. The new code also provides for the establishment of a dedicated Investment Promotion Agency, aimed at streamlining investment procedures. The Government believes that the reform will strike the…
…‘Time to Loosen up on Ad Hoc Arbitration in China?’ While ad hoc arbitration is accepted in most jurisdictions as a non-institutional form of arbitration, the Chinese Arbitration Act does…
…#3 even acknowledges that the proposed AR 64 would merely permit a Tribunal to address whether hearings shall be open to the public. The proposed new Arbitration Rules do not…
…Colombia. The arbitration tribunal, which was constituted under the rules of the Center of Arbitration of the Chamber of Commerce of Bogotá, found partially in favor of the Chinese consortium….
…in Nigeria recommended the co-existence of a federal arbitration law (dealing with arbitration arising from international and inter-state transactions) and state arbitration laws (dealing with arbitration arising from intra-state transactions)….
…Court of Arbitration, the Arbitration Institute of the Stockholm Chamber of Commerce, China International Economic and Trade Commission, the Singapore International Arbitration Centre, the Dubai International Arbitration Centre and others….
…such enforcement is “susceptible to severely prejudice the rights of a party” (Article 1526(2) of the CCP). Introduced by the 2011 French reform on arbitration, this provision is aimed at…
…of the proceedings in which they have been appointed. The agreement also includes new rules for selection of arbitrators. Comments by State representatives Since the agreement was signed on…
…are governed by the London Court of Arbitration Rules (LCIA Rules), with English Law governing the gold swap agreement. Consolidation of disputes is applicable when a related dispute arises before…
…domestic courts and international arbitration tribunals with the express aim of safeguarding Venezuela’s financial interests abroad. Some of these cases have already been discussed in this Blog; but new developments…
…in international arbitration. Using visual aids in direct examination International arbitration institutions such as the London Court of International Arbitration (LCIA) and International Chamber of Commerce (ICC) provide rules…
…new frontiers in arbitration 2.0. His point on having an interest in learning is an important message for young lawyers who aspire to practice across a wide range of sectors….
…will always trump artificial intelligence in the course of decision-making in arbitration, before quickly firing back that “the motion is embarrassed by its own ambition”. Acknowledging Human 1’s concession that…
