…face of due process paranoia through reassurance that summary dismissal is authorised under English law (despite it already being provided for under most major arbitral rules). Law Applicable to…
…SIAC (“Rules”), which came into effect on 1 January 2025. Much has already been written on various aspects of the draft Rules during the consultation process (discussed here). In this…
…remains a private process that benefits only the involved parties, with no authoritative public case law generated. Both systems share a common goal of providing effective justice, aligned with commercial…
…arbitral process. For instance, South Africa’s penultimate Court, the Supreme Court of Appeal (“SCA“), in Tee Que Trading Services (Pty) Ltd v Oracle Corporation South Africa (Pty) Ltd and Another…
…most influential House of Lords verdict in Fiona Trust & Holding Corp v. Privalov provided a policy for adjudicating disputes by a single and streamlined arbitration process. The House of…
…does the pro-enforcement policy require the courts to overlook foundational and structural issues in the arbitral process (listed in Article V of the Convention) in favour of efficiency and certainty?…
…examine the application. Failure to process the application would be incompatible with the purpose of the standard. The Council must apply “norms contained in [UNCLOS] and the terms and principles…
…Act but should be stayed as an abuse of process pending the conclusion of the arbitration proceedings, subject to conditions. Chevron Australia Pty Ltd v. CBI Constructors Pty Ltd…
…and complicated documentation may hinder the process. The article also highlights the importance of Sharia-compliant agreements and the engagement of local legal expertise to facilitate the arbitral awards, as well…
…preventive constitutional review by the same Court during the legislation process, which determined that Article 34 of Law No. 19,971 is constitutional. Therefore, it would not be appropriate to question…
…be impacted by due process paranoia concerns. However, all these due process concerns and risks of challenges equally arise for arbitrators where the institutional rules stipulate time limits for rendering…
…after its constitution, considering the case’s circumstances. This approach offers flexibility while providing clarity, ensuring that the arbitration process adapts to the specifics of the dispute. Fees The 2024 Rules…
…volunteer not only time but space. Apart from your involvement in academia, you also participated in the UNCITRAL Arbitration Rules revision process from 2007 to their completion in 2010 as…
…start running because the process of notification by way of diplomatic channel ended in the Ministry of Foreign Affairs, when it was aimed at the Ministry of Justice (Order 14…
…while ignoring the SC’s guidelines, came at the heavy cost of sacrificing the efficiency of the parties’ chosen dispute resolution process. Conclusion SpaceCom brings to the fore the troubles…
…conceptual development of the doctrine of abuse of process in international investment law. First, the tribunal ruled that abuse of process turns claims inadmissible and does not concern jurisdiction (Award,…
…in fostering a fair and transparent process in all procedural aspects of arbitration. Conclusion CORE-II strikes a critical balance between party autonomy and procedural fairness and transparency in arbitral…
…more fundamental question of whether the proposed selection process – i.e. appointment by states only – adequately addresses concerns raised with respect to the “legitimacy” of arbitrators dealing with investment…
…due process in the arbitration; and (iii) failure to deal with an issue. However, the Court did remit the award to the Tribunal for having failed to deal with an…
…ground that it provided excessive discretion in the appointment process to one party. However, the Court held that there was no embargo to appoint retired employees as arbitrators merely on…
…is because, among others, a finding of reasonable apprehension of bias (however it is understood) “undermines the integrity and legitimacy of the adjudicative process” and is “necessarily a major violation…
…impact on the digital economy across the African continent. Notably, the Protocol will enter into force upon completion of the ratification process, with State Parties then having a five-year window…
…Hungary, Iran, Monaco, Nigeria, Russia, Ukraine, and, for the first time, Georgia and Nepal. The decisions cover a range of issues, including applicable law, bankruptcy and insolvency, due process, intra-EU…
…either the seat court or the appellate arbitral tribunal. This proposal has raised concerns about undermining the legitimacy of the arbitration process and whether it strikes the right balance between…
