…the Supreme Court’s distinct decision-making process while acknowledging that it does not represent the tribunal’s decision-making process. As discussed in a prior post, Vento I made several assumptions about the…
…the result, or to the fairness, or the appearance of fairness of the process?” The application judge derived this requirement from the discretionary nature of Article 34(2)(a) of the Model…
…obligations for arbitrators and participants. This procedural flexibility allows ADR to adapt to the confidentiality needs of the parties while upholding principles of due process, such as equality of arms…
…investment specialists were not involved in the drafting process. MAP is not the ideal means to settle tax disputes—certainly not for foreign investors. Therefore, and until the MAP is developed…
…parties from Central Asia and cases based on BITs, illustrating the ICC Court’s commitment to upholding the integrity of the arbitration process through meticulous evaluation of each situation. Christopher Campbell-Holt…
…would work to mitigate the due process paranoia which is common amongst arbitral tribunals. Respondents also noted several issues that lead to inefficiencies in arbitration. Popular complaints included overly adversarial…
…the diversity of methods and locations that each team uses when managing information). Once this process has finished, it is necessary to filter out the relevant documents. Following on this…
…flexible dispute resolutions options, with the introduction of hybrid mechanisms such as Med-Arb and Arb-Med proceedings in which mediation and arbitration are combined to form a new dispute resolution process….
…This post briefly considers the reform process adopted in each of these jurisdictions and the panels discussion on some of the (proposed or implemented) amendments. Reform Process The discussion highlighted…
…to Singapore. He also questioned whether the present consultation process in Singapore including in particular potential reform surrounding a right to appeal on a point of law could get in…
…justice, fairness, due process, truth-seeking, the minimisation of time and costs. All of these require arbitration to maintain a human element, ensuring that the process is fair, transparent, and accessible….
…of interest. This could strengthen personal or professional ties and influence the decision-making process. If two of the three arbitrators frequently work together in other proceedings, the parties have a…
…Nepal), France also initiated in late 2024 the process of reforming its 14 years old arbitration law (discussed here). This post provides a concise overview of this reform process. …
…(almost) necessarily going to lead to comments being made thereon and differences of opinion arising. This is an iterative process to ensure that both the arbitral institution and the rising…
…cases involving corruption. Panelists stressed that forensic specialists should be involved early in the process. If corruption is to be alleged, it must be supported by a well-documented narrative from…
…law interacts with arbitration—specifically the impact of criminal investigations and enforcement actions on the arbitral process, including the potential exposure of arbitrators to criminal liability. How Arbitration Views Criminal…
…an ordinance, and without prior consultation with stakeholders such as industry professionals, practitioners, arbitral institutes, and arbitrators, is both unexpected and concerning. In addition to the hasty process adopted for…
…raise settlement. Nonetheless, much depends on the quality of the mediator, their structuring of the process and their neutrality. The Preliminary Views Debate The panel closed with the issue of…
…the instinctive ability to process and analyze complex information and find solutions for the challenges that may arise while working on cases or navigating one’s career. Later in the session,…
…and efficient process for resolving cross-border disputes. Traditional considerations such as neutrality, quality of the judiciary, and a track record in enforcing arbitral awards remain paramount. But other factors play…
…the Federal and State MDAs, allowing for better management of the arbitration process (paragraph 3 (m)). Given Nigeria’s recent challenges with both commercial and investment arbitrations, as seen in such…
…action that would prevent, or refrain from taking action that is likely to cause, current, or imminent harm or prejudice to the arbitral process itself; or (3) provide a means…
…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…
