First-Ever Live Kluwer Arbitration Blog Quiz Audio Release
…lifted in and out of water, often a lake or stream. “Loveday,” in which “love” was a form of resolution and “day” meant the beginning of the process. This was…
Search Results for: due process paranoia
Arbitration Tech Toolbox: Can the New York Convention Stand the Test of Technology Posed by Metaverse Awards?
…and enforcing metaverse awards. Conclusion Blockchain technology and the metaverse are poised to influence transactions over the next couple of decades, and arbitral process cannot lag behind and be…
Collateral estoppel, Commercial Arbitration, Latin America, Multi-fora disputes, Res Judicata, Uncategorized
Avoiding Res Judicata – Collateral Estoppel Pitfalls in Multi-Fora Disputes
…multiple parties. appointing the same arbitrators if separate arbitrations are unavoidable. raising lis pendens arguments, such as forum non conveniens, abuse of process, or requesting an anti-suit injunction to avoid…
Istanbul Arbitration Week 2022 Recap: Global Developments in Turkey and Istanbul’s Place in the World of Arbitration
…are themselves Turkish and the majority of the cases are domestic. The process of internationalization will slowly take on. The Turkish arbitration centers, such as EDAC, have made a remarkable…
A Second Look on Kabab-Ji v. Kout Food or Promoting a Formalist Transnational Contract Law Theory
…law on the level of national law in the strict sense; to put it differently, the products of the democratic law-making process have a distinct and superior normative quality. Transnationalism…
ICSID Annual Report 2022: Same Old but Different?
…in FY2020 (16%). In this regard, commentators have remarked that this increase will continue in light of news regarding the ECT modernisation process (see analysis here and here). While the…
International Law Weekend, Investment Arbitration, Investment Disputes, ISDS Reform, Regime Interaction, Regime Interaction in Investment Arbitration, VCLT
International Law Weekend 2022: Interactions between Investment Law and the Vienna Convention on the Law of Treaties (“VCLT”)
…could permit Contracting Parties to replace the existing annulment process with an appeal mechanism. According to Dr. Potestà, such an amendment would be possible, as nothing in the ICSID Convention…
Domain Names, Financial Industry, Financial Services Arbitration, International Law Weekend, Technology, technology industry
International Law Weekend 2022: Accountability for Global Regulatory Bodies
…promote international cooperation. They are then implemented at the domestic level by FATF members and others, subject to a peer monitoring and evaluation process to encourage and facilitate compliance. The…
Is the CETA Joint Committee about to Issue Its first Joint Interpretation of the Investment Chapter?
…denial of justice, fundamental breach of due process, manifest arbitrariness, targeted discrimination on manifestly wrongful grounds, and abusive treatment of investors like coercion, duress and harassment. The draft decision clarifies…
When Not to Enforce: Status of Enforcing Foreign Emergency Awards in Singapore
…The High Court rejected the enforceability of the emergency award on the ground of procedural irregularity, reinforcing the importance of due process even in cases where urgent interim relief is…
Code of Conduct, conflict of interest, Disclosure, ICC Arbitration, ICDR, ICSID, New York Arbitration Week
New York Arbitration Week 2022 Redux: Who’s in Charge? — 37th AAA-ICDR/ICC/ICSID Joint Colloquium on International Arbitration
…after a 5-year long, comprehensive and transparent amendment process that involved publishing numerous working papers explaining the draft amendments and undergoing extensive consultations with Member States and other stakeholders. The…
International Investment Law, International Law, International tribunals, Interpretation, Investment agreements, Investment Arbitration, Investment Disputes, VCLT, VCLT Jubilee
The Mutually Reinforcing Relationship between the VCLT & ISDS: A Roundtable hosted by the Permanent Court of Arbitration
…and special rules such as interpretative maxims in the interpretation process under Articles 31 and 32 of the VCLT. Ambast highlighted four areas in which lex specialis may be said…
2022 Taipei International Conference: Past, Present and Future of International Dispute Resolution – Part 1
…presentation entitled “Dispute Resolution and Due Process Amidst Global Pandemics”. The first was whether the right to be heard entails the right to a physical hearing in arbitration. According to…
2022 Taipei International Conference: Past, Present and Future of International Dispute Resolution – Part 2
…cross any due process bottom lines under the New York Convention; and whether awards might not be recognised or enforced on due process grounds. Many of the speakers also chimed…
Berlin Dispute Resolution Days 2022: Disputes in an Age of Uncertainty – Managing the Energy Transition
…consistent with one of the key selling points of arbitration as a forum for dispute resolution allowing a flexible process tailored by the parties. The importance of procedural flexibility in…
Berlin Dispute Resolution Days 2022: ESG – Dawn of A New Era of Disputes in International Arbitration?
…a host State could present prima facie evidence of corruption. The burden of proof itself is founded in due process, which is a fundamental requirement of all arbitral proceedings. Fraud…
Should I Arbitrate My Patent Dispute?
…of patent disputes remains elusive. But why? In large part it appears that questions arise as to the arbitrability of patent disputes, the arbitral process, and the benefits available from…
Arbitrating Small Value Claims in Investment Arbitration
…and cost-effective process overall. The Report contains an invaluable toolkit for disputing parties in investment arbitration to consider when designing an efficient process to resolve their differences. ….
Applicable Tests For Arbitrator Bias: Recent Practice In Select Common Law Jurisdictions
…procedural tactic to delay the arbitral process. *** As countries continue to upgrade their international arbitration legislations to bring them in line with international practice, recent jurisprudence on the rule…
Highlights from CanArb Week 2022: The 2022 ICC Canada Conference – The New World
…most extensive rule-revision process in the centre’s history, includes new standalone mediation rules and expanded access to the Additional Facility rules, which can now be used when neither party is…
Highlights from CanArb Week 2022: Review of Cross-Canada Jurisprudential Trends and Curiosities
…limiting the decision-maker’s reference to the open and transparent evidentiary record [which] is fundamental to due process,” and preventing “decision-makers from having to spend more time testifying about their decisions…
Modernising The Arbitration Act 1996: A Critique of the Law Commission’s Proposed Reforms
…combatting due process paranoia). This proposal could be particularly appealing to financial institutions enforcing payment obligations so may be attractive to speed up arbitrations. The Act could adopt the “manifestly…
World Arbitration Update: “Balancing the Protection of Foreign Investors and States Responses in the Post-Pandemic World” – Book Launch Program
…pandemic. States, in her opinion, should always follow a transparent process when dealing with investors. Novel elements and changes: She elucidated that Art. 62 VCLT is an unexplored tool in…
2022 Nigeria Arbitration Bill, 2022 Sierra Leone Arbitration Act, AAA Model BIT, Ad hoc arbitration, AfCFTA, Africa, World Arbitration Update
World Arbitration Update: Legal Developments in Sub-Saharan Africa – Africa’s Blooming
…its Progressive “Africanization” Ana Carolina Dall’Agnol focused on an analysis of the legal environment for international arbitration and its capacity to support the arbitral process in Sub-Saharan Africa. She stated…