…conflict of laws rules can be applied according to which a contract is formally valid if it either satisfies the formal requirements of the applicable substantive law or the law…
…in the absence of such treaty on the basis of the principle of reciprocity which existence is presumed by the domestic rules of civil procedure (the Code of Civil Procedure…
…the changes made in the 2012 revision to the ICC Rules in order to respond to user comments and to complaints about time and cost in arbitration in particular, was…
…See ICSID, ICSID Caseload – Statistics, Issue 2013-2, 7 (2013), (reporting that, as of June 30, 2013, ICSID had registered 433 cases under the ICSID Convention and Additional Facility Rules)….
…Limited (“PSM”), a Pakistani state owned steel manufacturer, in an arbitration conducted under the arbitration rules of the ICC. Following the award, PSM did not pay SFI. SFI was unable…
…Beechey (President of the ICC International Court of Arbitration) launched the conference, noting that the ICC Rules of Arbitration (“ICC Rules”) require parties and arbitrators to conduct cases in a…
…DIFC also maintains an arbitration centre, the DIFC-LCIA, a sister organization of the London Court of International Arbitration, which administers arbitration proceedings under the DIFC-LCIA Rules of Arbitration. The draft…
…Arbitration Rules, which debuted this summer. The jurisdictional limit is USD 250,000, ie, much higher than the AAA’s Commercial Rules, but still low for international arbitration. Of course, the parties…
…shall be submitted to arbitration by the International Chamber of Commerce (‘ICC’) Court of Arbitration according to its arbitration rules, by one or more arbitrators. The place of jurisdiction shall…
…transactions, the parties’ contract stipulated arbitration under the rules of a leading arbitration institution. Not surprisingly, the rules did not contemplate that the parties might want to draft their own…
…Arbitration Rules. On June 12, 2013, Claimant submitted a proposal to disqualify Dr. Torres Bernárdez pursuant also to Art. 57, ICSID Convention and Rule 9, ICSID Arbitration Rules. Claimant indicated…
…the key differences between the FTZ Rules and CIETAC’s existing Arbitration Rules which have been effective since 1 May 2012 (the “CIETAC Rules”). Interim measures Both the CIETAC Rules and…
…in the creation the Model Law, the UNCITRAL Rules, the New York Convention, the ICSID Convention, and other instruments which were written during international arbitration’s foundational era of the mid-1950’s…
…interesting aspects of White Industries, and their implications, in a digestible manner. Background White Industries arose from a commercial arbitration under the ICC Rules which resulted in an ITA under…
…procedure for summary dismissal of unmeritorious claims under Rule 41(5) of the ICSID Arbitration Rules. The present post examines shortly this procedure as well as the implications of the above…
…Emirate. There is no separate arbitration law in the UAE and instead rules relating to arbitration are contained with the UAE Civil Procedure Code (UAE Federal Law No 11 of…
…within the FSIA, such as the commercial assets requirement. Mr. Mascarenhas also discussed obtaining provisional measures from arbitral tribunals to secure enforcement. He explained that certain institutional rules provide avenues…
…rules governing arbitral awards. Moreover, filing an arbitral award under seal with a federal court must be done at the outset of a vacatur or enforcement application and usually becomes…
…a number of mandatory rules and principles for the latter category. These mandatory rules, however, are limited to procedural requirements for arbitration agreements pertaining to the State Contracts. (Law No….
…the same rules and strategies apply in international arbitration when this is not always the case. This is not to say that being assertive and firm is not vital in…
…the position under the UNCITRAL Rules which provide at Article 30.2 that “[i]f a party, duly notified under these Rules, fails to appear at a hearing, without showing sufficient cause…
Recent posts suggest that “double hats” – practitioners who also act as arbitrators – have finally taken interest in the role of a tribunal secretary. Several years ago it would…
…and rules stipulated in the Rules of the [DIFC] Courts, including any objections to execution. The execution judge may not reconsider the merits of the judgment, decision or order; (d)…
…to report on their real-live encounters with the following instruments and notions: IBA Rules on the Taking of Evidence, IBA Guidelines on Conflicts of Interest, IBA Guidelines on Party Representation,…
