Does A Lawyer’s Right To Lie In Certain Jurisdictions Give An Unfair Advantage In International Arbitration? While the impact of different legal cultures on international arbitration is a topic that is frequently explored, since it impacts such issues as discovery, the scope of the written procedure and the scope of the oral proceedings, one basic […]
Collective Arbitration Against Russia By Ukrainian Businesses Expropriated In The Crimea
Collective Arbitration Against Russia By Ukrainian Businesses Expropriated In The Crimea Is collective arbitration against Russia for the expropriations of Ukrainian assets occurring in Crimea possible? An article in the New York Times dating from 11 January 2015 notes that the plunder of Ukrainian-owned assets is continuing in the Crimea on a large scale today. Armed forces known as the “people’s militia” are invading […]
Do The IBA Rules on the Taking of Evidence in International Arbitration Conflict with Islamic Sharia?
Do The IBA Rules on the Taking of Evidence in International Arbitration Conflict with Islamic Sharia? Under at least the Hanbali school of Islamic jurisprudence, which is the official fiqh recognized by Saudi Arabia, Article 4(2) of the IBA Rules of Evidence in International Arbitration plainly conflicts with Islamic Sharia as understood by Hanbali jurisprudence. This […]
Grounds For Resisting The Recognition And Enforcement Of Arbitration Awards
Grounds For Resisting The Recognition And Enforcement Of Arbitration Awards Under The New York Convention. The grounds for resisting the recognition and enforcement of arbitration awards under the New York Convention are often poorly explained. The New York Convention, which governs the recognition of foreign arbitration awards in 150 countries, imposes a mandatory rule that […]
Security For Costs In ICSID Arbitrations
Security For Costs In ICSID Arbitrations. For the first time, an arbitral tribunal has ordered security for costs in an ICSID arbitration. The arbitral tribunal has ordered the oil and gas exploration and production company RSM Production Corporation to provide a guarantee of USD 750,000 as security for the costs of an investment arbitration. This followed on […]