…A solution could be to incorporate a fast-track arbitration process, which would provide parties with a quicker resolution mechanism. This process is present in Kenya’s Arbitration Rules 2020, which govern…
…waters. Nevertheless, the UK committed to “undertak[ing] a process in good faith to bring the UK into compliance” with its obligations under the TCA. The European Commission also welcomed the…
…work for fulfilling his military duties. McGee not only had statutory and constitutional claims, he also enjoyed statutory process protections and brought his claims under statutes specifically designed to provide…
…putting it back to the ministry is a way of effecting mediation in the justice process.” Challenge of CADER’s Power to Act as Appointing Authority CADER’s woes were compounded…
…an eye on the future recovery of Ukraine, Marie Talasova (Wolf Theiss) proposed concrete steps the EU should take to support the country in this process. Primarily, this would include…
…members of the dispute tribunals aimed at enhancing diversity in ISDS and fundamentally reforming the process of selection and appointment of adjudicators. The existing system of adjudicators’ appointment has long…
…institutions in protecting the integrity of the arbitral process, promoting the rule of law, and providing access to justice. In her editorial introduction to this issue, Professor S.I. Strong highlights…
…to note that this reform to the English Act aligns the arbitration process with the summary judgment standard used in civil litigation in England, specifically Civil Procedure Rule 24. Both…
…and clear guidelines essential. The discussions also made clear that from the majority’s point of view, the core process of legal decision-making involves a deeply human element and that the…
…of public policy to address disproportionality was misplaced. Disproportionate costs, without fraud or due process violations, do not justify non-enforcement under public policy. Concerns about cost fairness should be resolved…
…directly in the ISDS framework was presented as a potential way to enhance the legitimacy of the dispute resolution process as a whole. The USMCA was again cited as an…
…understand what is to come. But as Niels Bohr famously observed, prediction is very difficult, especially about the future. Premature regulation risks disrupting this process, fixing what isn’t broken, and…
…in the arbitrators or the seat, to a strategic attempt to secure a more favourable outcome, or even a basic misunderstanding of the arbitration process. Regardless of the reason, such…
…process, including actions and remedies against awards. Domestic arbitration applies to cases that lack relevant international elements. For example, situations where the parties’ places of business and the performance of…
…in continuously engaging with the planning process itself—it is about staying responsive. The discussion closed with reflections on arbitration. All panellists acknowledged arbitration’s advantages, specifically procedural speed, the ability to…
…proceedings. Nevertheless, he held that, under Brazilian law, a foreign arbitral award may only be subject to judicial control within the framework of the recognition process before the Superior Court…
…and flexibility. Process Design Building on the theme of preparation, Edwards emphasized the importance of early contact and process design. She is a proponent of pre-session contact and believes that…
…memorandum can ultimately save time and resources for both parties and the court by reducing the likelihood of evidentiary disputes later in the process. Another highlighted method of presenting expert…
…creditors with prolonged timelines and increased costs. On an optimistic note, however, asset tracking and funding have become a valuable and integral part of the enforcement process. Lastly, with due…
…reversal of the EU’s Corporate Sustainability Reporting Directive requirements in early 2025, despite years of corporate preparation and investment, undermined trust in the regulatory process. Companies that had invested heavily…
…must not come at the expense of due process. Arbitrators must balance efficiency with enforceability. Conclusion Emerging industries continue to disrupt people’s lives, and dispute resolution mechanisms must evolve…
…consequences—potentially stalling the process and raising further questions about cohesion and enforceability. By the end of the first session, the panel briefly considered whether dissenting opinions are influenced by the…
…few carefully chosen examples further reinforce this revision process. The model also undergoes a fine-tuning process so that it naturally produces constitution-aligned responses whenever prompted. Later stages of training involve…
…user expectations around confidentiality and due process. Participants agreed that institutions must continue adapting while staying user-driven, maintaining credibility, and resisting the urge to become overly prescriptive. Geopolitical instability and…
