…rule under the UNCITRAL Model Law and under national legislation adopting it, as well as under recent non-Model Law statutes, and most institutional arbitration rules. In addition, arbitration laws are…
…New York Convention has a specific provision directly regulating unreasoned foreign awards, both procedural rules have provisions whereby recognition and enforcement of foreign arbitral awards may be refused in cases…
…of lois de police, namely rules that proclaim themselves applicable to all situations within their purview, outside the operation of rules of conflict of laws. This, however, is not to…
…ad hoc arbitration (usually under the UNCITRAL arbitration rules unless the parties agree on a different set of rules). Some BITs contain the additional option to submit the dispute to…
…And states have invested much effort in negotiating common rules for international arbitration. We know them as the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards,…
…for the winning Best Tale (rules are on the site) and the Grand Prize for the winner couldn’t be better: a full three-volume set of the second edition of Gary…
…disposal of a claim or defence on a summary basis. Further, arbitration laws and procedural rules, including the ICC Rules, generally provide that tribunals may render awards on separate issues….
…were secured with the arrest of debtors’ assets in 2013-2014). The report also made it possible to name the arbitration institutes and rules most frequently referred among Ukrainian parties. These…
…ICSID Rules and Regulations, and the transparency rules under CAFTA, among others, these elements contribute to transparency becoming a global norm in international investment law. Transparency and the EU Commission’s…
…updated its rules in 2012. 2. Which of the following arbitration institutions introduced revised mediation rules in 2014? A. LCIA B. ICC C. ICDR D. SIAC Answer: B and C,…
…to go to arbitration. Few things can be more fundamental. Not every decision that rules in favor of an arbitration tribunal is good, and in this situation, the courts in…
…which has led to a balanced set of Rules.’ This piece will discuss some of the main changes introduced by the new rules. Emergency Arbitrator The new rules provide that…
…five most important Brazilian arbitration chambers, in comparison to 2005, when these chambers only administered 21 proceedings. In addition, the number of proceedings conducted under the ICC Rules involving at…
…of Australia. Transparency of proceedings can also be enhanced, as under KAFTA which adopts detailed provisions as well as a side agreement on the new UNCITRAL Transparency Rules. The risks…
…breached the rules of natural justice contrary to s 24(b) of the International Arbitration Act (Cap 143A, 2002 Rev Ed) (“the IAA”). The High Court accepted this argument. It found…
…provides that “a tribunal established under this section shall decide the issues in dispute in accordance with this agreement and applicable rules of international law.” Under these sources of law,…
…realistic criterion. The Commission hopes that judges and the arbitrators would explain the “rules of the game” to the parties well in advance so as to avoid frivolous litigation and…
…the rules enacted in Chapter 4 are without prejudice to the provisions of treaties between the UAE and other countries. The Convention is not expressly identified in CPC Article 238…
…just to rules, but also to justice and common sense; (6) Posture and tone; and (7) Powerful close.” It is not the speed of an answer, but the quality and…
…this concern. The recently revised arbitration rules of the LCIA – which will go into effect on 1 October 2014 – provide that the law of the arbitration clause will…
…who comes closest) wins a dinner in Florence (travel and hotel costs excluded) and, if they wish, their name published here. Rules, Rules, and Guidelines 1. Which one of the…
…use of the service rendered by the arbitrator (e.g. repetition of the proceedings). Comment Under Austrian law the terms of reference are covered by specific procedural rules in the Austrian…
…the arbitral tribunal and the arbitration proceedings had to be conducted as per the UNCITRAL rules. At this stage I would like to explain the test of the implied exclusion…
…to the ICC Rules of Arbitration) and Buhler and Webster (Handbook of ICC Arbitration). The contractual approach holds that since the arbitration agreement refers to in casu the ICC-Rules, these…
