…push for mediation as a first step in the dispute resolution process. However, DAB and mediation remain purely ‘contractual’ and do not benefit from the same support as arbitration in…
…meaning that even if public policy or due process rights are alleged to have been violated, the enforcement of awards should not serve as a ‘do-over’ of the arbitration. The…
…process and cause more public relations damage to the investor or its stakeholders. Should these consequences be considered? Not by Proxy Alone—Possible Solutions A tribunal may have, under its…
…of the collective insolvency process. The Model So Far: The Lex Fori Concursus and the Exception for Pending Proceedings Up until the 63rd session, 11-15 December 2023, WG V…
…Risk of Abuse Practice shows that the ability of one party to an ongoing dispute resolution process to trigger insolvency proceedings in their home jurisdiction in order to claim that…
…has taken positive steps towards the arbitration process. The Requirement of a True Jurisdictional Issue—Section 34(2)(a)(iii) of the Commercial Arbitration Act In Clayton, the CA dismissed an appeal from…
…information on contract-based claims even more scarce, as many details remain confidential throughout the arbitration process. While treaties inherently carry expectations of public accountability and transparency, the text of private…
…the process. Olson and Barakat Friedman expanded on the concept of early conflict prevention, explaining how businesses should identify potential points of friction during the life of a contract and…
…in the number of investor-state arbitrations, requests for provisional measures have dramatically boosted. Disputing parties, indeed, consider the availability of effective interim relief vital to the ICSID arbitral process and,…
…Attendees emphasized that, depending on the circumstances of each case, obtaining a social license might not be just a one-time requirement but an ongoing process that necessitates continuous engagement with…
…costs competition exists between institutions, legislators and courts for the most cost-efficient process guides the parties’ decision on the forum of dispute resolution. The parties’ “war chests” and ever escalating…
…Mr. Hodgkin, who examined the positive impact of media on arbitration. He emphasized that transparency is beneficial and can help combat fake news, thereby legitimizing the arbitration process. Mr. Hodgkin…
…Ministry of Justice’s stamp of approval, is itself a source of legal uncertainty. The explanatory memorandum further asserts that RENACE ensures that registered centers have undergone an evaluation process and…
…process of appointing and confirming arbitrators? How to assess the amount in dispute in such proceedings? Is it economically reasonable, for both parties and the arbitrators, to submit the autonomous…
…an emergency arbitrator decide on interim measures instituted before the beginning of the arbitration process. This is only possible with the parties’ agreement. Article 33, which refers to the correction…
…all involved in arbitration of the critical importance of safeguarding the integrity and impartiality of the arbitral process which must be reflected in every detail of the arbitral process. …
…possess supportive powers to ensure the process remains fair and efficient. A significant concern for parties, particularly those with limited arbitration experience, is the potential for arbitrator bias. The pool…
…may seek remedy through a Sub-Clause 20.3(c) claim (claim for entitlements other than time and price), followed by an agreement or determination process. Session 3: Oxford Style Debate on…
…the parties under the contract, did not amount to a due process or public policy violation capable of justifying the refusal of the enforcement of the foreign arbitral award. …
…their expressed intent. Finally, the Court assessed the translator’s relationship with Citic in light of the principles due process and impartiality. The STJ acknowledged that, given the parties’ procedural arrangements,…
…This law introduces several changes that may affect the dispute resolution process between foreign investors and the state of Kosovo. Notably, it broadens the definition of foreign investors while removing…
…has been a breach of due process (article 1520(4) of the FCCP); and recognizing or enforcing the award would be contrary to international public policy (article 1520(5) of the FCCP)….
…of cross-jurisdictional collaboration at the macro level. He also discussed the increasing diversity in arbitration, noting that while it enriches the process, it can sometimes lead to cultural and procedural…
…and Kathleen Paisley (Partner, AMBOS Lawyers). They discussed the challenges to IP valuation, i.e., the process of assigning monetary values to IP assets. The panel identified three main challenges: There…
