…Justice (“Court”) on the matter. These cases illustrate the process of analysis undertaken by the Court to decide requests for recognition and enforcement of foreign awards, namely the review of…
…While the Commission arguably arrived at the correct result, any higher purpose of interstate arbitration was unlikely served by such an acrimonious process, including accusations of perjury, bias, witness tampering,…
…become standard for any blockchain. Aside from the technology, the legal functioning of the system appears rather underdeveloped. Despite the centrality of “notaries” in the 3-step process, they are simplistically…
…only after a power of attorney has been submitted to the file. Noncompliance with this process constitutes a violation of the right to be heard under Article 432/c.2 of the…
…a protocol on virtual hearings tailored to an Indian context in order to make the process of arbitration more efficient. Lord Peter Goldsmith KC delivered the special address where he…
…review because the process of reviewing evidence is integral to the process of deciding fairly. When the arbitrator simply reviews a draft, they will not necessarily know what evidence was…
…In a nutshell, the 11th ICC BAD was remarkable for allowing the participants to reflect on the past development of arbitration and the contributions of the ICC to this process,…
…had been undermined; and (b) whether the judicial process had been used to gain something not available to the applicant in arbitration. The Full Court accepted that his Honour was…
Witness testimony is a core component of the arbitral process and is often integral to the Tribunal’s fact-finding exercise. But the reliability of witness evidence has come under increased scrutiny…
…obtaining permits for renewable energy project to two years. Poland and Romania – where specific legislations were adopted (Poland) or in the process of being adopted (Romania) to promote offshore…
…confidentiality (the Arbitration Ordinance itself also provides that arbitration is a confidential process not just in arbitration proceedings but also in courts); mandatory disclosure of TPF; clear grounds for termination…
…the parties to be effective, particularly in the short term. The parties buying into the process when they have had a chance to fairly participate in it is an important…
…arises before the mine reaches an early stage, proving damages can be challenging. Unless the mining process has begun, it is difficult to convince a tribunal that there was any…
…process, resource nationalism need not be a wrongful act. On this basis, she proposed defining the concept as government policies that appropriate a larger share of resource revenues and increase…
…Westbroek, focused on the Energy Charter Treaty and its modernization process. Marnix Leijten explained that investors are currently not experiencing a stable, predictable and transparent investment environment, in particular in…
…which enable more viewpoints to be involved in the process. Mr. Landau finally opined that the adversarial system polarizes the process and needs to be rethought, with instruments that allow…
…be more suitable. Parties should avoid falling into an automatic arbitral process structure. Rather, they should make an effort to use the multiple tools available for conducting a more expeditious…
…debtor and creditor. Hence, it is a matter of concern for all stakeholders in an arbitral process to have clear guidance on the disclosures that are appropriate, timely and preserve…
…F.3d 766, 773 (9th Cir. 2019) (quoting Scherk, 417 U.S. at 520 n.15). Recognizing and enforcing arbitration agreements includes facilitating the arbitration process and providing arbitrators—in both domestic and international…
…stated that this option will likely result in a materially correct decision which greatly ameliorates the concern of having no appeals process. Mr. Kang emphasized the benefits of the confidential…
…process for constituting the tribunal. Confidentiality: The confidentiality of international arbitration may be important in cases involving sensitive proprietary information. By contrast, court proceedings in countries such as the United…
…provisions set out in the Note, Tribunal members are appointed in a three-step process. The process is designed to maximize transparency and inclusiveness of appointment, diversity, and professionalism, while avoiding…
…arbitration process had other substantial procedural errors: the appointed sole arbitrator was practicing in the same law firm as the counsel to one of the parties, the representative of the…
…of the final decision on non-enforcement. This process does however address the fear of foreign investors that local protectionism may hinder effective enforcement proceedings. Hence, a negative decision confirming a…
