…that a party calls to testify, but not to tribunal-appointed experts. This distinction has been respected by the COC in the above-cited case, which is very commendable. In another recent…
…the founding allegation of nullity could be rejected by the STJ. Under Brazilian law and jurisprudence, a party’s inertia in alleging a potential cause of nullity at the earliest opportunity,…
…if without showing sufficient cause a party fails to comply with any order or directions of the emergency arbitrator, the emergency arbitrator may make a peremptory order to the same…
…arbitral awards is final and not subject to any appeal or challenge since the law allows the award debtor, the party against whom the enforcement order is issued, to bring…
…at least seventy investment tribunals had to decide on their jurisdiction because of objections raised by a party seeking to persuade the tribunal to decline jurisdiction and follow the Achmea…
…to, ideally, enhance SCDD compliance processes, or funding initiatives (such as Nestlé’s plan to directly payout African cocoa farmers to combat child labour) and publicly bolster their legal and ethical…
…and explanations regarding the claim, in which one party asserts the existence of the arbitration agreement and the other party does not deny it. Consequently, arbitrating and eventually, recognising and…
…force a party to arbitrate in the DIAC without its agreement, it did not go further like the Louisiana Court did in stating that the Dubai government “does not have…
…disagree with the assertion that the earliest IIAs were designed to be inherently asymmetrical. IIAs provided foreign investors with rights, but not necessarily obligations, as third–party beneficiaries under the applicable…
…of cost associated with extending proceedings when a third party seeks to intervene in hearings. She emphasised the imperative of comprehensive involvement of all stakeholders and parties, underlining the importance…
…28(3) of the LCIA Arbitration Rules 2014, and Article 28(3) of the LCIA Arbitration Rules 1998 provides for “the legal or other expenses incurred by a party”; Rule 37 of…
…be reasonably done in a more efficient way via the use of AI. Hossain illustrated the potential advantages of using AI in arbitration funding. Even though generative AI is relatively…
…and Sensity advertise the ability to detect deepfakes in real-time, where does that leave tribunals today in ensuring the integrity of the arbitral process without expending prohibitive party time and…
…use of a third–party neutral who worked with all of the contractors and subcontractors during all phases of construction. She described the third–party neutral as a “wise uncle without a…
…example of a case with the largest amount in dispute of $2 billion between a Chinese and a U.S. party. The case took only 13 days to resolve, including 6…
…one-stop dispute resolution complex has revolutionized the physical space within which arbitration and mediation are conducted. Legislative enhancements, including the early introduction of third–party funding, underscored a regional commitment to…
…in Lausanne is not so if seated in Paris, Vienna, or Bucharest. Every EU Member State is a contracting party to the NYC. In face of a CAS arbitration clause…
…allowed the state to control mining activities. General Consideration of the (Un)clean Hands Doctrine The doctrine of (un)clean hands has been commonly described as not allowing a party that has…
…Territorial Reservation led to a situation where a party having a valid arbitration agreement under the Convention and a favourable award issued in a Contracting State could not reap the…
…adopters of innovative features to enhance their dispute resolution offering (see for instance recent reforms in the two jurisdictions on outcome-related fee structures for arbitral proceedings and third–party funding for…
…the contrary. The BSCC held that the principle that a contract concluded between two persons can neither benefit nor harm a third party (res inter alios acta) is not a…
…the arbitration agreement was invalid. The court also rejected the notion that Russian courts had exclusive jurisdiction over the dispute due to the sanctioned party’s inability to secure a fair…
…case of Zhongij Development Construction Engineering Company Ltd v Kamoto Copper Company SARL [2014] SCA, where the Supreme Court of Appeal underscored the importance of international arbitration, party autonomy, and…
…for the dispute and to assist in gathering and organizing initial document submissions. Addressing arbitrations held without tribunal-appointed experts, Mr. Flores contended that this approach can be effective if party-appointed…
