雅虎香港 搜尋

搜尋結果

  1. 2021年1月1日 · Joinder and consolidation are two key procedural mechanisms that have been incorporated in leading institutional arbitration rules in order to save time and costs and avoid parallel proceedings and inconsistent decisions. On 1 December 2020, the ICC officially launched its 2021 Arbitration Rules, which entered into force on 1 January 2021.

  2. 2022年11月20日 · In this blog post, we discuss the major changes the panellists touched upon, such as: greater transparency; enhanced efficiency; the tribunal’s express powers to order security for costs; the regulation of third-party funding; or the opening of ICSID to other international actors, such as Regional Economic Integration Organizations (REIOs) like ...

  3. 2020年10月11日 · In its recent decision of 9 October 2020 in Enka Insaat Ve Sanayi AS v OOO “Insurance Company Chubb” & Ors [2020] UKSC 38 (Enka), the UK Supreme Court upheld the decision of the England and Wales Court of Appeal earlier this year restraining Chubb Russia from proceeding with parallel court proceedings in Russia, but disagreed ...

    • Gary B BORN**
    • Introduction
    • Choice-of-law rules applied to international arbitration agreements: An imperfect solution
    • The better approach: Application of a validation principle and an international non-discrimination rule
    • Conclusion

    Partner, Wilmer Cutler Pickering Hale and Dorr LLP; Chair of the International Arbitration Practice Group; Honorary Professor, University of St Gallen. I.

    1 The author was asked to address the common law perspective on the law governing the arbitration agreement but has taken the liberty of departing from this direction. This was not done just out of a spirit of rebellion, but because a division between a “common law perspective” and a “civil law perspective” in selecting the law governing internatio...

    11 Courts in various jurisdictions and arbitral awards have historically adopted a number of different approaches to selecting the law governing international arbitration agreements. These approaches have ranged from application of the law of the judicial enforcement forum to the contemporary choice-of-law approaches based on application of the law...

    50 The inconsistencies that arise from the application of the various choice-of-law rules discussed above – to a greater or lesser extent – do not comport with the objectives of the arbitral process or the purposes of the New York Convention and the Model Law. There is a need for a more consistent, principled solution, which is more in harmony with...

    88 Traditional and contemporary choice-of-law rules applicable to international arbitration agreements suffer from grave deficiencies. These choice-of-law rules are not only impossible to justify conceptually, but produce unpredictable and arbitrary results. Given this, the better approach is one which would give full effect to the parties’ intent...

  4. arbitrationblog.kluwerarbitration.com › 2021/01/03 › joinderKluwer Arbitration Blog

    2021年1月3日 · Joinder and consolidation are two key procedural mechanisms that have been incorporated in leading institutional arbitration rules in order to save time and costs and avoid parallel proceedings and inconsistent decisions. On 1 December 2020, the ICC officially launched its 2021 Arbitration Rules, which entered into force on 1 January 2021.

  5. 2022年8月23日 · Kluwer Arbitration Blog ran a series on UNCITRAL’s reform work in 2020, highlighting several subjects under consideration by Working Group III (WGIII). To get first-hand insights into the current status of this reform process, we have invited Shane Spelliscy, in his capacity as Chair of UNCITRAL’s WGIII, to discuss the Group’s work on ISDS reform.

  1. 其他人也搜尋了