In international arbitration proceedings, civil procedure rules will only be invoked in exceptional circumstances where the procedural requirements of the place of arbitration so require or where the parties and the tribunal specifically agree for the proceedings to be conducted in accordance with such ...
The rules consist of five chapters and 58 articles. Chapter One, General Provisions, contains 10 articles that clarify the basic principles of interim arbitration and features specific to interim arbitration, such as the interim arbitration agreement, place of arbitration, and designated institution. I...
Arbitration procedure The procedural rules governing court proceedings do not apply in arbitration, unless agreed by the parties. The parties, the arbitrators and party counsel must themselves define the rules of procedure that will apply. This is an important initial step in the arbitration and pr...
Under Ontario law, an award can be set aside by way of application. The setting-aside application should contain a copy of the award. Rule 38.09 of the Rules of Civil Procedure (RCP) sets out what an application record must generally contain. Answer contributed by Mathieu Piché-Messier, Ka...
Rule 64 of the Federal Rules of Civil Procedure provide that “throughout an action, every remedy is available that, under the law of the state where the court is located, provides for seizing a person or property to secure satisfaction of the potential judgment”. Thus, the federal courts ...
Where the People's Court decides that it should make a ruling to the effect that there has been a violation of the public interest, it shall order the cancellation of the award. "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Re...
39 、An arbitration doesn't have the same set of rules as a trial.─── 仲裁的规矩和庭审的不一样 40 、The arbitration fee shall be born by the lose party unless otherwise awarded by the arbitration commission.───仲裁费将由败诉一方负担,仲裁委员会另有判决者除外。 41 、An arbitration ...
English law does not provide for any mandatory rules of law to prevail over the parties’ express choice of law. 4.3 What choice of law rules govern the formation, validity, and legality of arbitration agreements? Where parties choose the law governing the arbitration agreement, whether expressly...
First Circuit of a lower court's decision that Federal Rules of Civil Procedure prevents presentation of new arguments in motions for reconsideration even when issues concerned relate to international arbitration. Marks 3-Zet-Ernst Marks GmbH, German company, filed the case against Presstek Inc., ...
The 1996 Brazilian Arbitration Act (the “BAA”), which subjects domestic and international arbitrations to the same set of rules, has been modified only once through the 2015 amendment (the “2015 Amendment”). On July 6, 2022, Brazilian party leaders signed a Motion of Urgency to bypass ...