Multilateral Investment Treaties? A View from China
…indicates the need for a multilateral agreement with broader coverage as well as a simplified and standardized set of rules. The content of a Multilateral Investment Treaty is relatively easy…
Search Results for: prague rules
The Court of Arbitration at the Polish Chamber of Commerce Adopts New Rules
The Court of Arbitration at the Polish Chamber of Commerce in Warsaw (the Court) has just published new arbitration rules (the Rules) that will come into force as of 1…
Allocation of Costs in ICSID Arbitration
…in International Thunderbird v. Mexico has stated: “investment arbitration… [has] become so well known… Thus, this factor is no longer applicable…” (UNCITRAL Rules, Award 26 January 2006, para. 218) A…
Arbitration, BIT, Canada, Foreign Investment Law, ICSID Arbitration, ICSID Convention, Investment Arbitration, Middle East, Uncategorized, United Arab Emirates
ICSID Tribunal declines personal jurisdiction over dual national under Egypt-UAE BIT
…under the rules of the Cairo Regional Centre for International Commercial Arbitration (“CRCICA”) in relation to a contractual dispute between the Claimant and the Egyptian Petroleum Corporation (“EGPC”) arising from…
International Commercial Arbitration in Romania: Can the New Changes Release the Tension Instilled in the Past?
…the field of arbitration, and is engaged in international and internal cooperation within the system of Chambers in Romania. According to the 2014 Rules of Arbitration Procedure (the “Arbitration Rules”),…
Challenging Arbitral Awards in Singapore
…an award may be set aside if “a breach of the rules of natural justice occurred in connection with the making of the award by which the rights of any…
Hong Kong Emerges as Russia’s Refuge while the EU’s Sanctions Cripple Major Russian Businesses
…for example, is to arbitrate its future disputes in Stockholm under the SCC rules, while the sanctions are becoming exponentially more severe, will the SCC Secretariat be in a position…
Ad hoc arbitration, Annulment, Arbitral Award, Arbitral seat, Arbitration Awards, International arbitration, Investment, Investment agreements, Investment Arbitration, Investment protection, Public Policy
A blast from the past… the ‘unified Arab investment treaty’ and finality of arbitration awards
…rules with regard to arbitration, those rules shall override any other rules laid down in the Egyptian arbitration law n°27/1994”. As a result, awards rendered under the context of UAIAC…
Arbitral Tribunal, Counsel, Guerrilla Tactics, IBA Guidelines on Party Representation, LCIA Arbitration, LCIA Guidelines for Parties' Legal Representatives
The Growth of Arbitrator Power to Control Counsel Conduct
…when such powers can be properly applied. There is help in sight, however. Effective October 1, 2014, the new London Court of International Arbitration Rules (LCIA Rules), by giving arbitrators…
ICSID Arbitration, ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor
Juries for Foreign Investment Disputes
…‘sub-rules’ which define ‘fair and equitable treatment’, such as the ‘dominant element’ of the legitimate expectations of the investor. When arbitrators create these sub-rules, they engage in law making. It…
The Urgent Need for Data: Are the Needs of Users and the Dispute Resolution Market Misaligned?
…their rules or offering new products or services, they tend to be influenced by feedback from advisors, rather than users. This data clearly suggests that users need to express themselves,…
ArbWorld – Good Faith: The “LCIA Rules 2.0” Hidden Feature
…version. Although missing this important historical information, I would nevertheless be tempted to number the new set of rules as “LCIA Rules 2.0” by reference to the 1998 Rules available…
Bad faith claims in challenge proceedings and counsel’s liability for costs
…by the rules? The topic was discussed earlier this year at a seminar organized in Stockholm by the Swedish Arbitration Association.1)Seminar of the Swedish Arbitration Association organised in Stockholm on…
Reflections on HKIAC’s Revised Model Arbitration Clause and Its Impact on Chinese Practice
…referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is…
The Consolidation Arbitrator – An Arbitrator Too Far?
Whilst many institutional rules now contain provisions which expressly address the complex issue of consolidation, the recently revised rules of the International Centre for Dispute Resolution (the “ICDR”), the international…
ICSID Arbitration, ICSID Convention, International Court of Justice, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, Treaty, Treaty Interpretation, Vienna Convention on the Law of Treaties
Interpreting Investment Treaties
…do not practise what they preach; reference to the Vienna Rules is now mandatory, but such reference does not mean the Rules are taken and applied seriously” and “it is…
What Can We Infer from the Ascendi Case?
…it is permanent, whether its jurisdiction is compulsory, whether its procedure is inter partes, whether it is independent and whether it applies rules of law. The Tax Arbitral Court was…
Apotex III’s Application of Res Judicata Ensures Finality, Legal Security and Judicial Economy
…purpose of applying the doctrine of res judicata[.]” Applying NAFTA Article 1131(1), the rules of international law and the UNCITRAL Arbitration Rules, the Tribunal concludes that the Apotex I &…
Arbitration, Arbitration Act, Arbitration Institutions and Rules, Arbitration Proceedings, IBA Guidelines on Conflicts of Interest, India
Law Commission’s Report Reinforces the Pro-Arbitration Trends in India
…of “emergency arbitrator” provisions. The proposed amendments suggest that the definition of arbitrator shall include emergency arbitrator where the arbitration is conducted under the rules providing for emergency arbitration. This…
Third Party Funding Again Under the Spotlight
…provided for in the ICSID rules did not exclude the panel’s jurisdiction as there were “exceptional circumstances”. The majority held that a right in need of protection existed under those…
Arbitrating with Indian Parties: Another Twist in the Tale
…alia between Rakesh and other members of the Malhotra family. The SSD also provided for arbitration under the LCIA Arbitration Rules. After a while the members of the Malhotra family…
Arbitration, Arbitration Institutions and Rules, DIFC, Dispute Resolution, Dubai, International arbitration, Middle East, Seat of the arbitration, Uncategorized, United Arab Emirates
Dubai announces plans to establish Emirates Maritime Arbitration Centre: Do they hold water?
…will take. It also remains to be seen what institutional rules the EMAC Rules of Arbitration will ultimately be modeled on, but there can be little doubt that the founders…
Annulment, Arbitration Agreements, Multi-tiered clauses, Pre-arbitral procedure, Pre-arbitration Dispute Settlement Procedures, Switzerland, Uncategorized
Swiss Supreme Court analyses enforceability of pre-arbitral procedure in multi-tier dispute resolution provision (FIDIC DAB)
…a period of several months. Three members were eventually appointed, but no Dispute Adjudication Agreement was ever executed. Ultimately, in 2013, the Contractor initiated arbitration under the ICC Rules. The…
Who Are the Protagonists in Investment Treaty Arbitration?
…Rules both provide for hearings to be conducted “in camera.” Based on those reasons, the tribunal declined to permit representatives of the United States to attend the hearing on jurisdiction….