…2011 by José Astigarraga. While accepting in principle that “the arbitral process generally has become too much like litigation, and needs to be more efficient and less costly,” he argues…
José Augusto Fontoura Costa of the São Paulo Law Faculty has just published a fascinating paper analyzing the process by which WTO panelists and ICSID arbitrators are nominated. What is…
…process. There is little doubt that the arbitral process generally has become too much like litigation, and needs to be more efficient and less costly. As a result, arbitrators are…
…circumstances in which domestic courts should be permitted to intervene in the arbitral process, confirming that arbitral tribunals are empowered to grant a wide-range of interim measures and rule on…
…the process and encourage us to think systemically about our own blindness, and even our blindness. In a time of global transition of the international economic system, making an effort…
…arbitration process without being unduly subjected to a State’s delaying tactics. However, whichever position one takes, it is submitted that the current situation, where considerable delay is caused and costs…
…arbitrate its claim against the company in effect allows the creditor to contract out of the proof of debt process. It arguably falls foul of the principle that a company…
…issues arising from the fact-finding process. Consequently, in the context of national litigation, appellate review often enhances the quality of the decision-making process. The situation is different in international arbitration…
…of a technical dispute. After making inquiries she may find, for example, that the ICC will appoint experts (the ADR group manages this process) even if the institution’s rules and…
…so long as they are wrong on the law. Before creating an appeals process, however, perhaps a more modest change would be to simply permit either party to submit a…
…into law, it is hoped that the courts will respect the not-so-subtle message from the Parliament and hold off from excessively interfering with the arbitral process. Only then will it…
…taken the time and effort (which may be substantial) early to study the case will not be in control of the discovery process or have a basis to limit it…
…agreed arbitration process against his former partners, but ultimately neither side paid the cost advances set by the arbitral tribunal. The arbitration did not move further. Some years later the…
…party-appointed arbitrator. Then is the process truly fair? Some promote the practice of selecting an arbitrator who perceives your side favorably (or at least you believe it does) as one…
…the Hong Kong Government to review its financial regulatory system and to step up its investor protection mechanisms. As one of the key outcomes of this process of review and…
…into details of the arbitral process, awards would have to be rendered by the arbitral tribunals constituted under the centre within a period of 240 days from the date of…
…is a one-shot process to the Swiss Supreme Court (Tribunal fédéral or Bundesgericht) in Lausanne. The appellate brief and its attachments—not just the notice of appeal—must be filed within 30…
To paraphrase Professor Henkin’s classic aphorism about international law – most parties respect most international arbitration agreements most of the time. And likewise, the international arbitral process works smoothly for…
…released in 1976. Key changes included updating the rules to greater reflect technological changes in actual practice, essentially streamlining the arbitrator appointment process. The UNCITRAL Arbitration Rules also explicitly provided…
…the Court’s decision may very well have been animated by a desire to mark the beginning of a new era in the relationship between Canadian courts and the arbitral process….
…process. The basic elements of an agreement to arbitrate – place of arbitration, rules, and appointing authority – could be provided for in different ways. For example, the pledge could…
The OECD-hosted Freedom of Investment (FOI) Roundtable is in the process of finalizing a statement regarding the role of international investment in supporting the realization of countries’ green growth objectives….
…Courts, and in particular the Swiss Supreme Court, have seldom held arbitration agreements by reference in the sport context to be contrary to due process. The stated reason, to which…
…will discuss controversial themes that have emerged in the course of the drafting process. These include: (1) How National Is International Arbitration?; and (2) The Limits of Party Autonomy. Although…
