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Arbitration Procedure

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This table can provide a general overview only. The rules listed may not be applicable in all circumstances. Where rules distinguish between domestic and international arbitrations, only the rules applicable to international arbitrations are reflected in the table. Key: Y = Yes; N = No/Not Available/None; ? = uncertain, discretionary, or only in very specific circumstances. For further details, please see the main body of this Yearbook or contact our local office for specific advice. CountryInstitutionExpress Confidentiality…

Tribunal dismisses investor’s claims because of breach of admissibility requirements under the applicable BIT in the ICSID case Supervisión y Control S.A. v. Republic of Costa Rica On January 18, 2017, the Tribunal in the case of Supervisión y Control S.A. v. Republic of Costa Rica (ICSID Case No. ARB/12/4), through a majority decision, ruled inadmissible all the claims put forth in the arbitration, as a result of an invalid waiver by the Claimant investor…

This is a series of tips and best practice in working with party-appointed experts presented by Baker McKenzie in Johannesburg Complex infrastructure disputes often turn on the strength of expert evidence. Carefully managed experts win cases. And carefully considered expert evidence is equally a powerful driver of settlement. However, without adequate guidance, and a clear idea of the legal framework into which their evidence feeds, even the most seasoned expert may come unstuck under cross…

As a condition of employment, employers often require their employees to sign arbitration agreements requiring that all employment related disputes be resolved by means of individual, rather than collective, arbitration.  Employers that include class and collective action waivers in their arbitration agreements will soon learn, definitively, whether such provisions are lawful.On January 13, 2017, the United States Supreme Court granted certiorari in three cases to decide whether an agreement to submit workplace disputes to individual…