…underlying treaties. This implies that the substantive rules that the standing mechanism would apply may evolve with the underlying treaty rules. (emphasis added) The EU’s sympathy for the standards of…
…policy exception may cause a severe infringement of the legal expectations of the parties to the arbitration and significantly decrease those countries’ reliability on legal predictability. Unruly Horse is…
…arbitration clause, the retrocession agreement, on which the claim was based, provided for jurisdiction of state courts. Confirming the principle of consent in arbitration, the Supreme Court held that the…
…legal provisions applicable to the dispute, they may also decide on the basis of rules of law other than those invoked by the parties. The parties’ right to be heard…
…different approach enshrined in the new Interactive Rules. 1) Administrative Rules The JCAA administers arbitrations under the UNCITRAL Arbitration Rules pursuant to the Administrative Rules. Accordingly, these Rules are…
…of Procedure for Arbitration Proceedings, ICSID Additional Facility Rules if the former do not apply, UNCITRAL Arbitration Rules or any other rules agreed the parties. Constitution of First-instance Tribunal and…
…Convention and the additional facility rules. Paul-Jean Le Cannu, Team Leader and Legal Counsel at the ICSID, similarly observes that “when comparing the data by region, […] relatively few arbitrators…
…issued new Administered Arbitration Rules. A full update on the new rules was previously published on this blog. However, in summary, the new provisions: facilitate electronic document submission by parties…
…enforced in Russia. In 2013, Lugana initiated a new arbitration before the same institution seeking legal relief regarding several heads of claims which have not been adjudicated in arbitration DIS-1…
…cyber security vulnerabilities, which can result in major harm to the parties involved in an international arbitration. In 2018, the White & Case – Queen Mary International Arbitration Survey: The…
…for the recognition and enforcement of a non-DIFC award rendered in an onshore Dubai seat under the DIFC-LCIA Rules of Arbitration. In this case, the award creditor, Mr. Al Tamimi,…
…examines the recent expansion of mandatory mediation in Turkey into commercial disputes. Tuba describes the impact of mandatory mediation to date in Turkey, the key provisions of Turkey’s new law…
…names of the parties, seat of the arbitration, arbitration rules, applicable law, subject matter of the dispute, awarded amounts and currency, number and names of arbitrators, number and names of…
…party or the funded party’s legal representative to give control or conduct of the arbitration to the third party funder.7) Paragraph 2.9 of HK Code The EW Code states that…
…in investment protection. The article addresses the compatibility of the new system with EU law as any violation of the autonomy of EU law would not be optimistic to its…
…Federal Law No. 6 of 2018 on Arbitration (the New Arbitration Law). Previously, arbitration in the UAE was governed by articles 203-218 of Federal Law No.11 of 1992 on the…
…Divisions 3 and 5 of the new Part 10A of the Arbitration Ordinance (Amendment Ordinance): these sections expressly permit the use of third party funding for arbitration in Hong Kong….
…Arbitration (2019) 98. It has been suggested that the private enforcement of EU competition law claims through arbitration has given rise to the formation of supranational arbitration, a new type…
…Senate. The USMCA eliminates investor-state arbitration between the U.S. and Canada, while allowing investor-state arbitration between the U.S. and Mexico. However, USMCA’s provisions are more restrictive than those found in…
…by the Singapore International Arbitration Centre (SIAC), which offers a step-by-step breakdown of an arbitration under the institution’s Rules. Of course, there is also technology, such as video conferencing, recommended…
In December 2017 South Africa brought into law its first piece of legislation dedicated to international arbitration, the aptly named International Arbitration Act of 2017 (the New Act). The New…
…the FTAs, investors’ claims may still be submitted according to the ICSID or UNICTRAL Arbitration Rules (or any other rules on agreement of the parties) whilst the ICSID Secretary General…
…Rules The new ICC Rules, in effect since 1 March 2017, encompassed a number of revisions. As a reaction to the revision of arbitration rules in the various Asian arbitration…
…rules of law should or should not apply to their international contracts. Contract governance structures should, nonetheless, also appeal to adjudicators – in particular judges and arbitrators – who might…
