...high standard of proof and refrained from making findings on corruption despite the red flags. For instance, in ICC Case No. 13384, the tribunal concluded there was “no conclusive evidence...
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...factors. Mandatory rules do not have a uniform definition within the context of international arbitration.[4] Despite the cursory reference to the notion of mandatory rules in the 1980 ICC draft...
The Role of Blocking Regulations in International Arbitration: A Ground ...
...SCC 55, ¶ 38. [21] ICC Commission Report on Emergency Arbitrator Proceedings, https://iccwbo.org/publication/emergency-arbitrator-proceedings-icc-arbitration-and-adr-commission-report/ ¶ 88. [22] Bell South International v Crompton Greaves Lt,. Original Application Nos 103 and 104 of...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...Supreme Court further illustrates this principle. The court enforced a conciliation clause that referenced the ICC ADR Rules, finding that such incorporation provided the necessary procedural framework. The court specifically...
A Comparative Analysis of the Enforcement of Multi-tier Dispute Resolution ...
...valid excuse for not performing contractual agreements, as evidenced by the small number of accepted claims.[1] In 2003, the International Chamber of Commerce (the “ICC”) published a force majeure clause...
COVID-19 and Force Majeure: How Will International Arbitral Tribunals Treat ...
Author: Knox Bemis* Published: June 1991 Topics: International Institutions and Rules ICC Practice and Procedure Expedited Proceedings Description: The fast-track arbitration that was completed early this year was, among other...
Fast-Track Arbitration as an Alternative Institutional Procedure – Vol. 2 ...
Author: Hans Smit* Published: June 1991 Topics: ICC Practice and Procedure Expedited Proceedings Description: There is a new product on the international arbitration market. It is called fast-track arbitration. Although...
Fast-Track Arbitration – Vol. 2 No. 2
Authors: Ata Türkfiliz* Jurisdiction: United States India Topics: Enforcement of Arbitral Awards Sovereign Immunity ICC Procedure for Enforcement The Devas-Antrix saga stands as one of the most significant international...
Devas-Antrix Saga: A New Hope – Amici Curiae Brief
...(“ICC Arbitration Rules”).[8] Given Nigeria’s federalist system of government, states are empowered to enact legislation to regulate arbitration practice within their borders. Presently, the most prominent are the Arbitration Law...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
...perplexing issues of burden and standard of proof. Download Full PDF *Abhinav Bhushan is a Deputy Counsel at the Secretariat of the ICC International Court of Arbitration (ICC) in Paris....
Standard and Burden of Proof in International Commercial Arbitration: Is ...
...(ICC) has incorporated references to AI tools and digital case management into its 2021 ICC report, entitled “Leveraging Technology for Fair, Effective and Efficient International Arbitration Proceedings.” The report discusses...
Artificial Intelligence in International Arbitration: a Rule of Law Perspective
Author: Hans Smit* Published: December 1998 Topics: Confidentiality ICC WIPO Description: Confidentiality has long been touted as one of the advantages of arbitration. However, until recently, institutional rules generally did...