…offices in their countries, or who are jurisconsults of recognized competence.” Under ICSID, arbitrators need to “be relied upon to exercise independent judgment.” UNCITRAL Rules requires arbitrators to be “independent…
…clauses due to the “obvious potential for their misuse and a consequent undermining of international cooperation.” During the International Law Commission’s discussions of exceptions to general rules of state responsibility,…
…UNCITRAL or ICSID Arbitration Rules). At the time of Australia concluding treaties referring to them, such rules did contain some provisions relevant to the issue of transparency. The ICSID Convention…
…of the lack of consistent regulation. While some countries have prohibited the practice (see, for instance, Singapore), most of them have no laws or have applied dissimilar rules for regulating…
…from court litigation, for international arbitration as a means to resolve investment disputes under the ICSID-Convention, the UNCITRAL Arbitration Rules, at the Regional Centre for Arbitration in Kuala Lumpur or…
…SIAC Investment Arbitration Rules, which are intended to provide an efficient alternative to the ICSID Rules and UNCITRAL Rules that States can adopt in their bilateral investment agreements or in…
…hearings to be closed temporarily. The UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (‘Rules on Transparency’), for example, which also provide for the presumptive openness of arbitral hearings, are…
…It is an interesting and important topic from the point of view of comparison between awards rendered under the Arbitration Rules of the International Centre for Settlement of Investment Disputes…
…IBA Rules on the Taking of Evidence in International Arbitration have historically been a compromise between civil law and common law. The current controversies on document production in international arbitration,…
…There might be further steps afoot toward institutionalizing such practice. Arguing at this very blog, Gary Born and Mitchell Moranis proposed further ‘legalization’ through instituting unique interpretation rules for BITs….
…This competence was of limited scope, i.e. it only covered some minor transportation related disputes. In 2003, the Rules on Organization and Work of the Arbitration Court (Rules) entered into…
…own rules of procedure. The current version of the Law on Arbitration stipulates that the “parties may agree on the rules of arbitration proceedings” without further referring to the rules…
…most peculiar provisions are presented in this post: Applicable procedural and substantive laws According to the CAC Procedural Rules (available in Croatian here) [“CAC Rules”], applicable law to the merits…
…example the 2012 ICC Arbitration Rules, Kreindler believes that Article 41 (General Rule) actually empowers arbitrators to make a self-initiated investigation into corruption and other illegalities, by stating that “the…
…related issue is what the consequences of arbitral tribunal’s establishment of an illegality hidden in the consent award are. In an award rendered in June 2014 under the Rules of…
…Arbitration (the “IBA Guidelines”) and the 2014 Arbitration Rules of the London Court of International Arbitration (the “LCIA Rules”) and their Annex, namely that they place on arbitrators responsibilities for…
…treaty may not satisfy the requirements of the ICSID Convention (such as the “nationality” or “investment” requirements). This would mean that, if anything, only the ICSID Additional Facility Rules would…
…Arbitration Rules to bring them in line with the amendments and improvements introduced by the 2014 LCIA Arbitration Rules. Such improvements include without limitation the introduction of an emergency arbitrator…
…investment in this case violated not only Croatian laws, but also applicable rules of international law, pursuant Article 26(6) of the ECT, which provides that disputes need to be decided…
It is fair to say that arbitration is already a widespread dispute mechanism in Portugal, broadly used not only for commercial disputes but also for disputes in other areas such…
…received compensation for the costs they incurred in national courts deprived them of their right to request compensation for lost profits. The SCL formed a number of key rules in…
…and ISDS promote the Rule of Law, legal certainty and the flow of FDIs – for including easily accessible, effective and fair ISDS rules in all trade and investment agreements….
…Austrian Supreme Court confirms that the EU competition law rules in the terms of Articles 101 and 102 TFEU form part of the national ordre public (read: public policy): “Gemäß…
…conflict of law rules. This will often lead to the law of the seat of arbitration. What are the effects of a decision by the German court? Like the application…
