…to respect human rights related to due process, access to justice, and improved dispute resolution. For example, the new rules establish, inter alia: a new expedited arbitration procedure; a revised…
…amendment process since its inception, providing continuous updates and coverage of the ongoing revision and amendment process. As argued here, the ICSID amended rules reflect contemporary approaches to arbitration procedures…
…dispute settlement process has been used in many occasions to resolve aircraft and airport construction disputes. The longest-running trade dispute in WTO history has been the conflict over aircraft subsidies…
…Safeguard Space for Climate Change Policies Developments in the modernization process of the Energy Charter Treaty (ECT) – discussed here and here – also demonstrate that climate change is now…
…automatic recourse for losing parties, or what the complete costs are in pursuing this form of dispute settlement process and who internalizes or externalizes those costs). Many students are increasingly…
…a tribunal held that Bolivia breached its obligations under the Bolivia-Spain BIT after finding that an investor was essentially held hostage by a lengthy nationalization process, and as a result,…
…independent and neutral dispute prevention and resolution process, free from influence and political dynamics, is key to enabling business and investment, and the legitimacy of that process, Thought leadership to…
…discussions held as part of the data collection process for the SOAS Survey, a participant noted that clients are driving changes at law firms towards a greater reduction of carbon…
…However, with a MIC we would add to such group professionals with a strong near experience in the adjudicating process, and that would have been subject to continuous training. This…
…violate the parties constitutional right, or not. The main constitutional right involved in arbitration is the due process right, which includes the right to be heard, the right to have…
…than simply showing that the petitioner failed to meet the statutory requirements or discretionary factors in the first instance. Side-Stepping Due Process in Banca Pueyo v. Lonestar This inadvertent…
After struggling with the adverse effects of the COVID-19 pandemic, 2022 remained a period of transition for Latin America. New arbitration rules and protocols were adopted in jurisdictions such as…
…a similar process to an arbitrator. Doral S.A. v. Club Olimpia, Court of Appeal in Civil and Commercial Affairs of Asunción, Sentencia 75/2022, 17 November 2022 José A. Moreno…
…CAS as an institution offered those safeguards. Finally, the High Court of Justice of the British Virgin Islands rendered a decision dealing with the process of appointing arbitrators in a…
…of an award, arbitrators will place due process and access to technology front and center in assessing the role of technology in arbitral proceedings. As parties, counsel, arbitrators, and…
…in the process, Article 6(1) of the European Convention of Human Rights (Right to fair trial) had been violated. This included not giving sufficient time to Sanader’s legal team to…
…am sure – will be very helpful to the Law Commission as they finalise their Review of the Arbitration Act. We will continue to look closely at the process of…
…contribute to the CIL process. He linked that latter approach to the ICJ judgment in the North Sea Continental Shelf case in which the Court set out conditions for treaties…
…a common cause of action could use in an arbitration as part of the dispute resolution process. Such a methodology, in his opinion, achieves two objectives: (i) efficiency in minimizing…
…presence and accessibility in the region. What is more, this agreement is poised to have almost immediate effect. Through a streamlined ratification process, it is expected to enter into force…
…the arbitral process lacked fundamental fairness; rather, the Respondent was afforded reasonable notice and ample opportunities to present his evidence and arguments; the Respondent Hui Qin’s defense under Article V(1)(d)…
…process of the original court and did not appear, (iii) the judgment was obtained by fraud, (iv) an appeal for the judgment is pending, or the judgment debtor is entitled…
…and its regime for enforcement is consistent with leading Model Law jurisdictions in the Asia-Pacific region. Most notably, enforcement proceedings in South Korea follow an expeditious ‘decision to enforce’ process,…
A seminar on 10 November 2023 during Australian Arbitration Week discussed “Australia’s engagement in the Investor-State Dispute Settlement (ISDS) reform process”. My presentation divided successive governments’ approach into three significant…
