…secondly, introducing a process for the swift resolution of payment disputes. Drawing comparisons with the similar statutory regime in the UK, this paper reviews developments in adjudication under the Act…
…process issues and substantive agreements” – and the confidentiality protection for arbitration deliberations does not apply to the former (at [50]). In this sense, this is not a ‘true’ exception…
…and underscored the importance of disrupting and improving the arbitration process to address the criticisms and challenges faced. Future Disputes in the Region Turning to future disputes in the…
The evolution of the Indian arbitration jurisprudence regarding reasoned awards has been marked by ambiguity and divergent approaches. Initially, the requirement for reasons for arbitral awards was not firmly established….
…December 2011 (which regulates the consular certification and legalization process in Vietnam) provides that: “To be recognized and used in Vietnam, papers and documents of foreign countries must be consularly…
…process. As XR technologies continue to evolve, it will be crucial to strike a balance between harnessing their potential and safeguarding the fundamental principles of due process and equal treatment…
…reform. The European Commission led the modernization process principally with the goal of aligning the ECT with the Paris Agreement. After fifteen rounds of negotiations, in June 2022 the Contracting…
…closed, the newly-appointed respondent’s counsel found out that the arbitrator’s initial disclosure at the beginning of the process was likely misleading and asked the arbitrator to further disclose whether the…
…a purely counsel-driven process that proceeds through each witness in a sequential and separate manner and which is inherently adversarial. By contrast, witness conferencing (i) is not sequential, as it…
The prospect of integrating generative artificial intelligence (AI) into the adjudicatory decision-making process is not as distant as one might think. In February 2023, it was reported that a Colombian…
…Sec. 10. The appointment of sole or presiding arbitrators will be made under a list-procedure process, similar to the appointment process under the UNCITRAL Arbitration Rules. The list-procedure is not…
…the parties. The entire process takes place on the blockchain, where the input (evidence) is used for the production of an output (an award). After each juror decides on an…
…basis for the arbitral process there is a need to identify a clear set of private rights and responsibilities under ESG. Second, there is the question of whether parties–particularly those…
…due diligence process. These clauses should specify the scope of the review and reference the relevant documentation, so that both parties understand the process and its importance. This can help…
…the Ministerial Legislative Committee of the previous Government, and would need new approval from the same Committee before going through the parliamentary legislative process. The representatives expressed hope that the…
…regarding the integrity of the process of choosing arbitrators, including limitation on arbitrators taking on multiple roles (“double hatting“) and the scope of arbitrators’ disclosure. Conclusion The authors see great…
…insolvency process can be efficiently addressed through arbitration, such as resolving creditor claims, resolving disputes between affiliates, valuing and distributing assets, approving restructuring plans, and providing a more streamlined and…
…dispute settlement are currently facing an existential crisis and undergoing a review and reform process. While efforts to reform investment treaty arbitration continue in various forums including the United Nations…
…and the futurist idea of robot arbitrators rather than possible implications and risks that AI may pose to the integrity of the arbitral process. The benefits of AI tools in…
…to tailor the process to their needs, preferences, and priorities fosters a sense of ownership and fairness in the dispute resolution process, enhancing the parties’ confidence in the outcome and…
…construction contract, but had in the negotiations process signed one set of meeting minutes to record agreement on an arbitration clause. When the negotiations failed, the owner drew on the…
…of tax disputes eligible for arbitration. This ensures that there is a clear and defined scope for the arbitral process. In Kyrgyzstan, the situation is different: the legal framework generally…
…award without hearing the party opposing the application. Such ex-parte orders are admissible only in urgent cases to preserve the constitutional requirements of due process. The White Paper rightfully suggests…
…cannot lead to the annulment of an award in which a tribunal has retained its jurisdiction, even though the mediation process has not been implemented prior to the arbitration procedure….
