There are varying ways to commence an arbitration, depending on whether an arbitration is governed
by institutional rules or by domestic or international laws.
Indeed, such agreement can be made by parties adopting
institutional rules in their arbitration agreement which have the effect of excluding the right of appeal under section 49 (1).
The firm's arbitration group maintains a comprehensive database of know - how and documentation under all
leading institutional rules and national laws.
Many
institutional rules provide for consolidation of multiple arbitration proceedings, thereby offering the prospect of a quicker and more cost efficient process than resolving the disputes in separate parallel proceedings.
With a particular focus on construction - related arbitration, the team has extensive experience of international and domestic arbitration proceedings under
most institutional rules, as well as in ad hoc proceedings.
The firm has vast experience in handling cases under all
major institutional rules and on an ad hoc basis, spanning the governmental and private sectors and numerous industries.
Recruiters will prefer candidates who are reliable and who can enforce family and
institutional rules in the right manner.
He has advised or acted in arbitrations (here and abroad) under
various institutional rules including LCIA, ICC, SIAC, Swiss Rules as well as ad hoc.
The SIAC has issued a proposal for the adoption by arbitral institutions of a protocol for the consolidation of arbitration proceedings conducted under
different institutional rules of arbitration.
He has acted as counsel in many arbitrations governed under civil law as well as under common law applying most major
institutional rules as well as UNCITRAL rules.
Leggatt J made it clear that
where institutional rules provide parties with quick relief through the arbitral process, they also have the effect of limiting the English courts» ability to use their powers to support the arbitral proceedings.
He regularly represents his clients as Counsel in arbitrations governed by various
institutional rules including DIAC, DIFC - LCIA, ICC, and LMAA.
He has represented clients in complex arbitrations in Asia, the U.S., the Middle East, and Europe under the major
institutional rules such as ICC, HKIAC, SIAC, CIETAC, AAA, LCIA, DIAC, CAS, and in ad hoc arbitrations.
The Court found in favour of the defendant and held that it was undisputed that parties could exclude the right of appeal by
adopting institutional rules of arbitration.
It's as if our society's
institutional rules about hiring an employee or admitting someone to college have morphed into rules for dating.
The correspondence between evolution and economics is not perfect, because some top -
down institutional rules and laws are needed to provide a structure within which free and fair trade can occur.
Yet, parties may not immediately be cognisant that in entering into such an arbitration agreement that adopts the
said institutional rules, they may well be taken to have waived their right to appeal on questions of law insofar as domestic arbitrations are concerned.
The ICC Report notes that this approach was adopted despite the fact that the ICC and at least half of the other major
institutional rules do not contain a presumption in favour of the recovery of costs by the successful party.
Are the procedural innovations in
many institutional rules aimed at cheaper and quicker arbitrations coming at the price of a binding and enforceable award?.
For the Court, this meant applying to practice the
new institutional rules on EU external action agreed upon in the Lisbon Treaty, especially those concerning the conclusion of international agreements enshrined in Article 218 TFEU.
Simon regularly appears as an advocate before arbitral tribunals under all of the
main institutional rules (including ICC, HKIAC, SIAC, LCIA and ICSID), as well as in ad hoc proceedings.
He has conducted numerous arbitrations both ad hoc and in accordance
with institutional rules (including UNCITRAL, ICSID, ICC, LCIA and ARIAS).
In Gerald Metals SA v Timis (Vasile Frank), Leggatt J gave guidance on the availability of the courts» powers to grant interim relief in support of arbitral proceedings where similar relief may be available
through institutional rules.
Where
institutional rules contain a mechanism for the appointment of an emergency arbitrator, the parties remain at liberty to opt out of that mechanism if it prefers a court's decision to support the arbitration.
Further, although any
relevant institutional rules may set out a framework for the arbitral procedure, they tend to leave detailed procedural matters to be determined in individual cases.
The podcast considers how parties can agree to an ADR process in addition to or alongside arbitration (looking at approaches in different jurisdictions and under different
arbitral institutional rules), before turning to the complexities of drafting escalation clauses in contracts.
Practice Mr. Carter has represented European, US, Asian and other companies in arbitrations under
leading institutional rules and in ad hoc arbitrations in all leading international seats.
Institutional rules such as, among others, article 29 of the International Chamber of Commerce (ICC) Rules 2012 and 2017, articles 9A and 9B of the London Court of International Arbitration (LCIA) Rules 2014, and schedule 1 of the Singapore International Arbitration Centre (SIAC) Rules 2016 provide a mechanism to appoint an emergency arbitrator.
Ms. Brennan has served as Sole Arbitrator, Co-Arbitrator, Chair of the Tribunal, Secretary to the Tribunal, and counsel in a number of cases under
different institutional rules, including JAMS, UNCITRAL, ICC, AAA, and Ad Hoc proceedings.
Timothy represents clients in international arbitrations under the major
institutional rules of arbitration such as the SIAC, ICC, UNCITRAL, HKIAC, KLRCA and LCIA.
Stymied
by institutional rules in Congress, Republican lawmakers are seeking to rewrite how the chambers function amid concerns over long - term damage to its comity.
He has advised clients regarding a wide range of commercial and public international law issues, in the English and Hong Kong courts and in arbitrations under all of the
major institutional rules.
Instead, prison and parole authorities have tended to use it as a club to punish inmates for the most trivial infractions of
institutional rules.