…conducted under the UNCITRAL Arbitration Rules of 2010 pursuant to the Hong Kong-Australia BIT. It took the Arbitral Tribunal, which consisted of highly experienced arbitrators Prof. Karl-Heinz Böckstiegel (Presiding Arbitrator),…
…the proceedings“, including orders for provisional relief. In the present case, the parties had chosen the LCIA Rules as lex arbitri, Article 25 of which permitted the arbitral tribunal to…
…rules chosen by the parties require such an award. However, the inquiry cannot stop there. Why do parties routinely request such awards, particularly given the amount of time and money…
…arbitration law or any set of arbitration rules dealing with TPF in international arbitration, though both Hong Kong and Singapore are currently contemplating applicable reforms. Despite the lack of concrete…
…and administered according to its rules. Nonetheless, the “costs of the proceedings” generally represent only a minor (but not trivial) section of the overall costs. By way of example, a…
…to notify the nature of its funding to the tribunal and to the other party to proceedings (as is already recommended in the IBA Rules on Conflict of Interest in…
…Rules 2012 Art.7, 10, the SCC Rules Art.11, the HKIAC Rules 2013 Art.27, 28). It would still be advisable to provide the tribunals with discretion on deciding whether to allow…
…Rules in future. The CCJA The CCJA, based in Abidjan (Côte d’Ivoire), is the leading arbitral institution in francophone Western and Central Africa. It is a supranational court, consisting of…
…of institutional rules, whether of local (e.g., the ADCCAC Rules) or international (e.g. the ICC Rules) origin. Otherwise, the arbitral proceedings will be ad hoc but as such may, of…
…the MAL), now recognises the principle of party autonomy in providing free choice to parties to select the rules and procedure to be applied to the arbitration. This is also…
…addressed the standards and procedures that govern in practice the granting of interim relief by emergency arbitrators, focusing in particular on the panelists’ collective experience under the ICC Rules of…
…rules or agreement. Non-parties may, in exceptional cases, participate in arbitration at the invitation of tribunals or as witnesses or observers. The role of NGOs and civil society organisations will…
…must have separate premises, personnel, working-hours, website, etc.; an arbitration institution must publish a list of available arbitrator-candidates (at least 10 candidates); arbitration rules of an arbitration institution must be…
…state or an international organisation under rules of public international law, should operate under commercial litigation norms rather than public law trial.[6] Revealing this dilemma is an important contribution of…
…investment arbitration, have issued more restrictive rules. This different approach is most clear in the context of arbitration involving States or State entities. Brazil: important amendments in the region’s giant…
…ones. The DCA Law directly stipulates that the rules of the former need not accord with the statutory requirements on the content of arbitration rules, which it also sets out….
…second caveat is more mechanical, in that the new policy requires tribunals to submit a draft award. Under the ICC arbitration rules, drafts are subject to review by the ICC…
…arbitration clause or special procedural rules to be incorporated into corporate bylaws or articles of incorporation, or a model clause or procedural rules for arbitral institutions. In fact, such model…
…Omani Arbitration Centre, whereby three arbitrators would determine the dispute pursuant to the Omani arbitration rules. The Tribunal must be concerned only with the fact that OMCO terminated the OMCO–Emrock…
…are also applicable to energy such as the most favoured nation treatment (MFN), national treatment (NT), free transit, Art. XX GATT exceptions as well as rules on subsidies and public…
…the respondent (EU or EU Member State). – The investor may choose that the dispute be settled in accordance with the ICSID Rules, the Additional Facility Rules or the UNCITRAL…
…of transparency in investor-State arbitration: the 2006 ICSID amendments, the 2013 UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (“the 2013 UNCITRAL Rules”) (see here), and the Mauritius Convention (see…
…revised its rules to preclude arbitrators from also serving as counsel. Then, in 2011 the LCIA published abstracts of LCIA decisions on arbitrator challenges. These abstracts provided greater guidance about…
…opinion, the IBA rules on taking evidence in arbitration were almost a “carbon-copy” of US laws. Dr Abi-Saab concluded by advocating a civil-law-centric approach to arbitration in the Euro-Mediterranean area,…
