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Conocophillips Arbitration update, page-118

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szaba_the_hut

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25/02/18

14:07

Post #: 31324777
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Originally posted by jhmos ↑

The rules are pretty much the same, seems a little disingenuous to say otherwise. The biggest change was the Expedited Procedure rules, which do not apply to us I think. The only other change I can see that has to do with timing is:

The 2017 update reduces the time allotted for drawing up the Terms of Reference. Under the 2012 ICC Rules, the tribunal had 60 days to draw up the Terms of Reference after receiving the file. Under the 2017 revision, a tribunal must finalize the Terms of Reference "[w]ithin 30 days of the date on which the file has been transmitted to it," although this may be extended at the tribunal's request or on the ICC Court's own initiative (Article 23(2)).
That is from these links:
http://www.mondaq.com/unitedstates/x/573610/Arbitration Dispute Resolution/2017 Revisions To The ICC Rules Of Arbitration And Comparison Of Expedited Procedures Under Other Institutional Rules
http://www.nortonrosefulbright.com/...iew-of-new-rules-of-international-arbitration

So, in short, the possibility of 30 days more than under the March 2017 rules. Looks to me that it is possible to be under the 2017 rules if FAR and COP agreed to it. From the Arbitration Rules:
Article 6: Effect of the Arbitration Agreement

1)
Where the parties have agreed to submit to arbitration under the Rules, they shall be deemed to have submitted ipso facto to the Rules in effect on the date of commencement of the arbitration, unless they have agreed to submit to the Rules in effect on the date of their arbitration agreement.

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Is there any time limit for selection of 3rd arbiter under the old rules?

Is there any time limit for proceedings and time to consider award under old rules?

Why disingenuous? It is either old rules or new rules.

FAR Price at posting: 8.0¢ Sentiment: Buy Disclosure: Held
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Conocophillips Arbitration update, page-118

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Conocophillips Arbitration update, page-118

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