…law. ECT Modernization Process While the ECT modernization process discussions started in 2017, the first negotiation only started until 2020. The ECT Reform negotiations ended in June 2022. Mr….
…Linhart (Siemens Energy). I. The Modernization Process: Challenges and Achievements The discussions highlighted the challenges and achievements associated with the ECT modernization process. Speakers emphasized the necessity of reforming…
…Finally, the Act alone will not attract foreign investment to Guatemala. Other relevant factors are important for this to happen, such as absence of corruption, due process, and respect for…
…of due process. As Julian Lew states, if a tribunal “goes off on a ‘frolic’ of its own, the tribunal risks stepping outside its mandate and the award being challenged.”…
…Resistance to Due Process Paranoia and Adoption of Expedited Procedures and Virtual Procedural Conferences Mr. Henderson noted that, unlike before, with major headline innovations in emergency arbitration, expedited cases and…
…protect investments and how breaches of contract might result in investment treaty arbitrations and sizeable awards of compensation against the State. He said that this was a process of education…
…client has already won because they aren’t at risk of entering a multi-year process before the courts, which could include appeals before a decision is final. Mr Earwaker concluded by…
…I think it has changed for the better because there is more transparency around the arbitration process. Arbitrators and parties are more concerned with introducing efficiencies in the way in…
…of users, results were more important than process: if mixed modes of ADR yielded better outcomes, the transition to such dispute resolution models would ultimately be driven by the end…
…bespoke arbitration clauses. Our solution allows for flexibility in the appointment process, but provides a mandatory obligation, ensuring that counsel must consider diversity seriously. The Benefits of Diverse Tribunals…
…of the modernisation process (e.g., Japan) to block the modernised text at the Energy Charter Conference in November and maintain the old version of the ECT. In addition, under the…
…the legal sphere of the company or other securities’ holders who are not parties to the process. In Ms. Pela’s opinion, regulation is urgent and there is no room for…
…CAM-CCBC’s internationalization process by supporting ICCA initiatives, sponsoring the Willem C. Vis Moot, and drafting the 2012 CAM-CCBC Arbitration Rules in accordance with international standards. What the future holds…
…to implement environmental regulations—it was subject to principles of due process that must be exercised in a fair and non-discriminatory fashion. Regarding the protection of communities, Ms. Páez mentioned the…
…was also effective not only between states, but also between states and non-state actors (2008 Abyei Arbitration), and ad hoc agreements similar to the arbitration process have previously created a…
…in favour of arbitration. This potentially allows parties to get relief from the offshore courts more quickly without the need to go through the entire arbitral process. Commenting on whether…
…takes one month) or at least a security assessment by the CAC. Impact of the PRC’s Data Protection Laws on the Arbitral Process Ms. Thomas highlighted that conflicts pertaining…
…coach before taking on this role because I realized that personal leadership skills and management skills were so important in this role. One point I discovered in that process is…
…the costs of the proceedings. Carbon market forces could be brought to bear on the entire arbitral process to encourage a profound shift in behavior. All arbitration stakeholders, including counsel,…
…unlikely to serve its interests. Clearly, the better approach is to actively engage with the investment treaty system and to seek reforms by building broad consensus. The reform process is…
…Jennifer noted, some of these disputes pertain exclusively to mathematical and accounting issues while other disputes involve truly legal issues that require a determination fully comporting with due process. In…
…this theme for the 21st CBAr IAC’s discussions. Arbitration & ESG: will these three letters save the planet? What is arbitration’s role in this process? One of the Young…
…the mounting global challenges regarding energy investment, climate action, and sustainable development. The ECT reform process missed the mark in nature, scope, ambition, and speed to address the ECT’s risks…
…of the whole arbitral process currently. While originally the process of arbitration was guided by few general principles, mainly party autonomy and due process, today the arbitral process is dense…
