Lines in the Sand: Funder, Funded, Lawyer
…more as the exception rather than the rule—as the addition of more negotiating parties no doubt adds further complications to the funding process—the efforts required in implementing these safeguards may…
Search Results for: due process paranoia
The New Saudi Center for Commercial Arbitration Rules 2023: What’s In Store?
On 1 May 2023, the Saudi Center for Commercial Arbitration (“SCCA”) introduced its latest edition of the SCCA Rules, following an extensive public consultation process and input from the SCCA…
LIDW 2023: Corruption in International Arbitration and Increasing Diversity and Efficiency in the Resolution of Construction and Engineering Disputes
…be willing to utilize these provisions without compromising due process. Ms. Dimsey discussed how the HKIAC Rules attempted to expedite the arbitration process, including the absence of a scrutiny process,…
LIDW 2023: The Evolving Role of Arbitral Institutions and Relationship of International Commercial Courts and Arbitration
…feedback and noted that arbitrators with poor reviews would be removed from the list of arbitrators. Benjamin Hughes cautioned that due process paranoia can increase costs undesirably. Jamie Harrison mentioned…
Civil Law, Institutional Rules, Japan, Japan Commercial Arbitration Association, JCAA, Prague Rules, Settlement
The JCAA Interactive Arbitration Rules: A Settlement-Centered Approach to Arbitration
…Rules”), Article 2; DIS Arbitration Rules (2018), Annex 3), arbitrators are often reluctant to take that license, at least in part due to “due process paranoia.” As the “Note from…
LIDW 2023: Arbitration in the MENA Region: New Future
…London as the seat because the arbitral process is transparent. To a question from the audience about what could be done by the national courts of the MENA region to…
LIDW 2023: India: Trends, Opportunities, and Challenges
…how the enforcement process in India was split into two stages i.e. recognition and execution, and added that it was the stage of execution that had historically proven tricky for…
LIDW 2023: Adapting to a Changing World
…the excellent lawyers specialized in dispute resolution practicing here. Highlighting the current amendment process of the English Arbitration Act, Lord Neuberger noted that it is appropriate to pursue this amendment…
LIDW 2023: Opening with Three Keynote Speeches
…than an inflexible process with built-in milestones that may impact efficiency and effectiveness of arbitration. His conclusion was that arbitration is a service and a collaborative flexible process with proper…
Interview with our Editors: The Saudi Center for Commercial Arbitration (SCCA) in the Spotlight with Fatima Balfaqeeh
…an arbitrator, I have been conscious of the importance of taking a holistic and proactive approach to sustainability. Rather than merely adopting a paperless work process and claiming to be…
Law Governing the Arbitration Agreement: Whose Side Are the Turkish Courts On?
Identifying the law governing the arbitration agreement has increasingly proven to be a complex and confusing process. This is particularly true after the UK Supreme Court’s Enka v. Chubb judgment,…
Early Determination: A Secret Recipe for Arbitral Efficiency?
…want to ensure that the parties were afforded due process (see here, a discussion on due process paranoia) and a reasonable opportunity to present their case. Therefore, the courts are…
ECT Modernisation Perspectives: Revamping International Investment Law: A Comparative Look at Substantive ISDS Reform in the ECT and Beyond
The modernization of the Energy Charter Treaty (ECT) has been debated among scholars, with some supporting it and others criticizing the process and outcome. The vote on the modernization was…
ECT Modernisation Perspectives: Big Shoes to Fill? Governing Foreign Energy Investments in an Energy Charter Treaty Lacuna
…to be considered on a case-by-case basis, both at the outset and throughout any investment project. To read our coverage of the ECT Modernisation process to date, click here….
ECT Modernisation Perspectives: No Winners: The Long End of the ECT Modernisation Process
…postponed for the second time, it appears that the process may conclude without any winners. Negotiation Process The roots of the modernisation efforts of the ECT can be traced…
India at the Tipping Point to Welcoming Foreign Law Firms? How Do New Rules Affect Foreign Arbitration Lawyers?
…process. In its 21-page representation to BCI, the SILF has urged the BCI to repeal the Rules pending consultation with the law firms in India. This post discusses a few…
Columbia Arbitration Day 2023: Arbitration Beyond the Box – New Innovations & Perspectives
…We then ask, who decides who decides? And then who decides who decides who decides? This, in a process that’s meant to be efficient!” Judge Stong stressed that efficiency is…
Dubai, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, UAE
Dubai Court of Cassation’s Recent Decision on Enforcement of Foreign Awards
…of foreign awards in their respective jurisdiction. Findings of the DCC in Case No. 790 of 2022 Since Cabinet Resolution No. 57 of 2018, the process for the enforcement…
Climate change, ECT Modernisation, Energy Charter Treaty, Environment, International Investment Law, International Law, Investment Arbitration, Investor-State arbitration, ISDS, ISDS Reform
Climate Change and International Investment Law: What Are the Challenges and Uncertainties? Arbitration practitioners’ reflections at the 8th EFILA Annual Conference
…it. 3. Conclusion In sum, the EFILA conference had productive discussions that reinforced the idea that even though the outcome of the ECT modernization process, ISDS reform, and the…
Multiculturalism in International Arbitration: A Hard Knock Lesson or a Renegade Decision?
…attempting to resolve their dispute through an arbitral process. One illustrative instance involved a New York-seated arbitration and subsequent court proceedings heard before the Supreme Court of New York, as…
The ISDS Reform Process: New Perspectives on the Issues under Debate
As scholars and practitioners have reported in recent years, the investor-state reform process continues to make progress at the UN Commission on International Trade Law (UNCITRAL). The most recent session…
Arbitration, Latin America, Mediation, Mediation and Dispute Management, Mediator, Technology, technology industry
UNCITRAL and ALARB Conference on “Dispute Resolution in the Digital Economy”
…a handwritten signature for such apostille process. The latter has generated a common practice where arbitrators usually provide a courtesy copy of the award with electronic signature, but truly rely…
Third Party Funding in Litigation and Arbitration: A Dichotomy in China’s Practice
…interest did not recuse himself, the fairness and due process of arbitral proceedings were undermined. Third, the third-party funder’s access to case information violated the confidentiality of arbitral proceedings. Both…
BIT, Colombia, International dispute resolution, International Investment Arbitration, International Investment Law, Investment agreements, Investment protection, Latin America, Venezuela
The Venezuela-Colombia BIT: An Original Development of Uncertain Impact
…practice. Expropriation. The Treaty contains an “expropriation” clause, with the usual requirements of public interest, due process, non-discrimination, and payment of compensation (art. 7.a). However, it also provides that non-discriminatory…