Arbitration document production is a “process by which a party can request the production of documents that are in another party’s possession”. Despite the IBA Rules on the Taking of Evidence in International Arbitration to provide guidance, the absence of uniform rules on document production in international arbitration marks deep legal and cultural differences globally with […]
Chinese Arbitration Framework
The Chinese Arbitration Framework within which the arbitration is conducted consists of the law, the judicial interpretation and international treaties. First, the laws adopted by the legislature, in particular the 1994 Chinese Arbitration Law, are the most important sources in relation to the Chinese Arbitration Framework, a copy of which is available below. Second, in […]
Restitution in Investment Arbitration
In case of outright expropriation or the creeping expropriation of an investment, or of a harm caused by wrongful acts committed by a host State, restitution in investment arbitration is possible, amongst other remedies. The foreign investor can request an arbitral tribunal to order the State to fully repair the injuries it has causes. The […]
The Enforcement of Arbitral Awards in the UAE
The United Arab Emirates (‘UAE’) ratified the New York Convention in July 2006. There are two ways to enforce foreign arbitral awards in UAE. The recommended one is using the two-level civil court system of the Dubai International Financial Centre (DIFC), since the DIFC courts are generally pro-arbitration and can be expected to enforce a […]
International Commercial Arbitration
International commercial arbitration is a consensual process of adjudication independent from a state’s executive, legislative and judicial powers by which the Parties to a cross border contract agree to submit a dispute to an arbitrator (or panel of arbitrators, usually three), nominated either directly by the Parties or for the Parties by an international arbitration […]