Author: Danilo Ruggero Di Bella* Jurisdictions: International Topics: Investor-State Arbitration Procedural Rules An arbitration agreement to submit a dispute to the ICSID need satisfy no requirement other than recording in...
...to adapt the presentation of the complex facts without losing credibility. How the facts are presented ultimately depends on the procedural rules and practice put in place by the specific...
...regulatory framework whose operation automatically comes to an end upon the conclusion of the tournament. More than a mere set of procedural rules, this framework governs the operation of the...
...while obviating the risks of litigation. ESTABLISHMENT OF THE SEAT OF ARBITRATION The seat of arbitration has a substantial role in determining the law governing internal procedural rules of arbitration...
...corporate disputes and toward the procedural rules applicable to such arbitrations, a clear international trend is identifiable in the sense that corporate disputes in closely-held corporations are arbitrable. Another common...
...there is no hindrance in also adopting it for other kinds of disputes. Given that it is a relatively new concept, the arbitration clause, or later the procedural rules, need...
...it governs the existence, validity and interpretation of the arbitration agreement itself. Finally, the law governing the arbitration, or lex arbitri, sets a group of procedural rules for the conduct...
...sovereign immunity and establishing clear procedural rules, China aims to harmonize its legal framework with international norms while safeguarding its sovereign interests. The FSIL’s emphasis on balancing state sovereignty with...
...procedural rules of arbitral institutions. In this context, the regulatory lacuna makes the Venice Commission’s Rule of Law Checklist uniquely relevant. Although the Checklist is formally directed at state judicial...
...is to draft good procedural rules, expanding them using previous cases and previous experience. Through these rules, arbitrators have the tools that they need to dismiss guerrilla tactics and to...
...to the appeal arbitration procedure to these Procedural Rules, the parties expressly waive their rights to request any such measures from state authorities or tribunals.’ Although the validity of the...
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