The Duty to Give Reasons – A Robust Affirmation
…dispute between hapū to be resolved by arbitration. The arbitral panel sat over 13 days and heard very extensive historical evidence. The panel delivered a relatively brief award determining that…
Search Results for: iba rules on the taking of evidence
II Oxford Symposium on Comparative International Commercial Arbitration
…chosen by the parties. In doing so, arbitrators should give the same weight and legal effect to previous judicial decisions. Taking a philosophical approach, arbitral awards should apply judicial precedent…
Decrypting Cryptocurrencies: Why Borderless Currencies May Benefit from Borderless Dispute Resolution
…as protect the confidentiality of sensitive proprietary information. Indeed, arbitral rules could be specifically tailored to suit the peculiarities of cryptocurrency disputes, just as they have been for, amongst other…
Argentina’s Arbitration Legal Reform: Steps in the Right Direction?
…may not be opposed on the ground that the rules applicable to the settlement of the dispute are public policy rules. Second, the last sentence of Art. 1655, that provides…
Arbitration, Arbitration institution, Arbitration Institutions and Rules, Asia, Asia-Pacific, Australia, Dispute Resolution
Moving Beyond Rhetoric: Positioning Australia as an Upcoming Regional Arbitration Hub
…Rules are a modern set of institutional rules, which are in line with the rules of other leading arbitral centres and now offer parties emergency arbitration, expedited procedure, and interim…
“Costs Follow Conduct” – A Musical Altercation
…used in the UNCITRAL Arbitration Rules 1976 or 2013; cf. art. 40(1) and (2) Swiss Rules; art. 35.1 and 37 SIAC Rules; art. 35.2 DIS Rules; art 34 ICDR Rules),…
The Contents of Journal of International Arbitration, Volume 34, Issue 5, 2017
…an affront to principles of sovereignty and non-interference. Even when permitted under the applicable law and arbitral rules, specific performance against a state may therefore be considered not to be…
Annulment, BIT, ICSID, ICSID Arbitration, ICSID Convention, Investment, Investment Arbitration, Investment protection, Investor, Investor-State arbitration, ISDS, Zimbabwe
The Proven Benefits of ISDS and BITs –Even for SMEs and Small Claims
…ICSID arbitration or ad hoc arbitration under UNCITRAL rules. In conclusion, although Zimbabwe continues to face claims because of its illegal expropriation of white farmers, it at least made a…
Consumer Data Breach: Equifax and Arbitration
The latest large consumer data breach, this time involving Equifax, has also shed a sharp light on an ongoing controversy about consumers’ access to justice. In taking steps to ameliorate…
Young ICCA Interview
…federal court. She has experience in arbitral proceedings under the arbitration rules of the International Court of Arbitration of the International Chamber of Commerce (ICC), the International Centre for Dispute…
Ineligible Arbitrator Also Ineligible to Nominate Arbitrator: Indian Supreme Court – Does the Judgment Open Pandora’s Box?
…the Red List of IBA Guidelines and inter alia prescribing ineligibility criteria for a party’s official being appointed arbitrator) of the arbitration statute (“Act”) and this ineligibility was not even…
The Dubai-DIFC Judicial Committee and DIFC Conduit Jurisdiction: A Sequel in Four Parts – Game over? (Part 4)
…Courts in relation to the recognition and enforcement of a New York Convention award rendered in London under the London Maritime Arbitration Association (LMAA) Rules. The award found in favour…
New Arbitration Act in Hungary
…the arbitral process or to preserve evidence relevant to the case. If the tribunal considers that prior disclosure of the request for interim measure would jeopardize its purpose, it may…
Ecuador’s Ordeal: Is International Jurisdiction a Journey with No Return? (Part I)
…jurisdiction, but international arbitration is not only possible under ICSID. Most BITs also provide for arbitration in other centers and under different rules, such as UNCITRAL, or the Additional Facility…
Review of new Rules of the Maritime Arbitration Commission at the Russian Chamber of Commerce and Industry
In January 2017, the new Rules of the Maritime Arbitration Commission at the Russian Chamber of Commerce and Industry were adopted (“MAC Rules”). The Rules implement new regulations which comply…
English Court Denies Application to Enforce Russian Arbitral Award Set Aside by Russian Courts
…that apparent bias would not be sufficient and actual bias must be shown, although if direct evidence of bias or corruption were lacking, actual bias could be inferred from the…
Arbitration, Eastern Europe, Fair and Equitable Treatment, Investment, Investment Arbitration, Investment protection, Investor, Investor-State arbitration, Switzerland
Could Some European Countries Initiate A State-To-State Investment Arbitration Against Switzerland For Abruptly De-Pegging The Swiss Franc From The Euro?
…violation, where such elements stop being upheld by the State in question. Elements and evidence in support of a FET violation in this case are: – the breach of specific…
Digesting the AG Wathelet Opinion in Case C-284/16 Slowakische Republik v Achmea BV. Is it A Trap?
…is confined to rulings on breaches of BIT, and, second, the BIT legal rules are not the same as those of the EU Treaties. The AG makes the important finding…
Cybersecurity In International Arbitration – A Necessity And An Opportunity For Arbitral Institutions
…the level and scope of confidentiality is variable, arbitration offers the possibility to resolve disputes behind closed doors. Disputes submitted to international arbitration generally require evidence of facts which are…
Legitimacy and International Arbitration: An Alternate View
…transparency have been answered in the investment realm by the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration and the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration and…
Investor-State Resolution: A Snapshot of Cambodia
…of the BITs offer options, at the investor’s choice, between arbitration under ICSID Arbitration Rules and ad hoc UNCITRAL Arbitration Rules. The Cambodia-Croatia and the Cambodia-Netherlands BITs further include the…
Asia-Pacific, Australia, Construction arbitration, Islamic Finance Disputes, Malaysia, Seat of the arbitration, Shari‘a, South Korea
Switching Arbitral Seats: Musical Chairs in the Asia-Pacific
…the world is now relatively straightforward. 2. Contemporary arbitration framework – legislation and rules Each of Australia, Korea and Malaysia has contemporary frameworks governing international arbitrations, whether rules or governing…
The Portuguese Arbitration Day in Beijing – Why Portuguese matters in “One Belt, One Road” Programme
…People’s Republic of China and the Portuguese-Speaking countries, particularly Portugal, evidence that Portuguese-speaking jurisdictions have a lot to learn from China’s arbitration practice, especially in what the institutional perspective is…
Albania, Arbitration, Courts, Criminal law and arbitration, England, ICSID, ICSID Arbitration, ICSID Convention, Investment, Investment Arbitration, Investment protection, Investor, Investor-State arbitration, Provisional measures
How Effective are ICSID Provisional Measures at Suspending Criminal Proceedings before Domestic Courts: The English Example?
…have impacted the proceedings or have “any adverse consequences for the government.” He referred to Mr Adamescu’s role as a witness but noted that he had already given evidence before…