The phrase
"arbitral rules" refers to a set of regulations that govern the process of settling disputes outside of the court system through arbitration. These rules outline how the arbitration proceedings should be conducted, including the selection of arbitrators, evidence presentation, and decision-making procedures.
Full definition
So far the Venezuelan government has succeeded in the delaying of proceedings, the result of this case may have a key impact on the enforcement
of arbitral rulings against states.
He specializes in international commercial and investment arbitration, and has represented clients under most
major arbitral rules systems.
Alessandro has acted under
different arbitral rules such as ICSID, ICC, SCC, CIETAC and DIS, but also in ad hoc arbitrations.
He has acted as counsel in more than 60 arbitrations under
various arbitral rules including the ICC, AAA, SIAC, HKIAC, LCIA, KCAB, SCC, NAI, and UNCITRAL rules, and in ad hoc proceedings.
Similar wording is found in
other arbitral rules too, such as the 2010 UNCITRAL Rules (art. 40), and Article 61 (2) of the ICSID Convention, to mention but two.
Although the tribunal and administrative body, if any, are generally subject to an obligation of confidentiality and the arbitral proceedings are in most cases held in private, many national laws and
arbitral rules do not provide any assurance of confidentiality from the parties or third - party witnesses.
In particular, the afternoon's fourth panel emphasised the need
for arbitral rules that are flexible enough, to handle those differences, and for a flexible, fair and transparent arbitration process.
In considering this, the parties should consult and familiarise themselves with how their
preferred arbitral rules deal with joinder (i.e. adding a party to existing proceedings) and consolidation (i.e. joining multiple existing proceedings together) at the time of drafting the contract (s), as well as at the outset of any potential dispute itself.
We have been instructed in international arbitrations under the
main arbitral rules and seated in all the main arbitral centres and frequently participate in all forms of dispute resolution.
Siddharth has substantial experience of acting under a wide variety
of arbitral rules, including in ICC, LCIA, AAA, LMAA, UNCITRAL and FOSFA arbitrations.
She has over ten year's experience of representing clients in complex international arbitrations under many
different arbitral rules, as well as in court litigation, adjudication, expert determination and mediation.
In adopting
the arbitral rules to govern the arbitration proceedings between parties, the arbitration clause (which in essence constitutes the arbitration agreement between the parties) typically provides that arbitral proceedings are to be governed by the arbitral rules of particular institutions.
He has represented clients in both institutional and ad hoc arbitrations under a wide variety of
arbitral rules, including LCIA, ICC, ICDR, UNCITRAL and ICSID.
The report notes that the International Chamber of Commerce has introduced an expedited procedure and the DIFC - LCIA Arbitration Centre has brought its rules in line with 2014 changes to
arbitral rules.
The arbitral rules to be applied rotate yearly among the arbitration rules of co-sponsors of the Moot.»
Global Arbitration News provides a table with a general overview of
the arbitral rules in different countries.
Harbour has funded litigation in 13 jurisdictions and arbitrations under 4
arbitral rules.
In the absence of an agreement between the parties, either expressly or indirectly through
the arbitral rules adopted by the parties, the right to claim these costs must be based on applicable national law.
Mr. Huber has represented clients in international arbitrations sited in both common and civil law jurisdictions under a wide variety of
arbitral rules, including the LCIA, ICC, VIAC and AAA.
The arbitral rules under which KIAC proceedings will operate were initially developed by a team of consultants from the Chartered Institute of Arbitrators in Kenya, following consultations with lawyers and arbitrators, are principally based on a mixture of the ICC, LCIA and SIAC rules.
Both countries allow arbitration under foreign laws and / or
arbitral rules, which is encouraging for international investors, however all the machinery is not quite in place.
We offer truly global geographical coverage, having funded 80 + cases in 13 jurisdictions and under 4 sets of
arbitral rules.
More recently, the LCIA revised
its arbitral rules in 2014 to grant arbitral tribunals the power to sanction legal representatives in the event that their conduct falls below the required standard.
We have extensive experience acting as counsel in international commercial and investment treaty arbitrations under all major
arbitral rules, seated in Australia and around the world.
Often dual qualified, with a technical degree in construction, our team are members of one or more of the relevant building and engineering professional bodies, such as ICE, CIOB, RICS, LCIA TECBAR and IChemE, and have first hand experience of
the arbitral rules of ICC and LCIA.
In international investment treaty and commercial arbitrations in virtually every country in Central and South America under all major
arbitral rules and institutions, including among others International Centre for Settlement of Investment Disputes («ICSID»), International Chamber of Commerce («ICC»), United Nations Commission on International Trade Law («UNCITRAL»), and International Centre for Dispute Resolution («ICDR»);