The Modernised Energy Charter Treaty: The New Text
…electricity have focused minds. The stakes are high. As the ECT Secretary General has said: “If the modernisation process fails, I don’t see a future for the Treaty.” Italy withdrew…
Search Results for: due process paranoia
Asia ADR Week 2022 Recap: Rechartering a Modern Legislative Framework
…away the Act’s duality of character and protected the finality of the process at the expense of protection from the Court for the parties. This tied in with Mr Iwawan’s…
The London Chamber of Arbitration and Mediation: A Two-year Retrospective
…Act 2022 came into force on 24 March 2022. The Act created a legally binding statutory arbitration process for landlords and tenants in England and Wales to resolve disputes in…
17th ICC New York Conference on International Arbitration: Building Resilience – Part 1
…do not materially change the manner in which evidence is delivered or received and can enhance efficiency of the process. Alert to client preferences, however, Harris has noticed a trend…
17th ICC New York Conference on International Arbitration: Building Resilience – Part 2
…arbitration, parties must exchange confidential offers, outside the tribunal process. Functionally similar to a Calderbank offer, this would help the parties continue to “temperature check” the contours of potential resolution…
How Can U.S. Secondary Sanctions as Foreign Overriding Mandatory Rules Intervene in Arbitration Disputes Arising from the Ukraine-Russia Conflict?
…process domestic and international fund transfers in the U.S. financial market. The financial institutions and banks operating inside or outside U.S. jurisdiction that use Fedwire or CHIPS are exposed to…
Colombian Arbitration Week 2022 Recap: New Challenges and Perspectives of Arbitration in Colombia
…cannot adopt regulatory measures. But it requires States such as Colombia to be careful and diligent in the process of developing and applying new measures that can ultimately prevent investment…
Colombian Arbitration Week 2022 Recap: International Arbitration and the Political Situation in Latin America
…Constitution in the country and the changes that could be envisaged in arbitration. Regarding the impact of the constituent process, Andrés Jana pointed out that, during the draft of the…
Hostage on a Roller Coaster: An Arbitral Tribunal Condemns Bolivia to Consummate an Announced Expropriation and to Pay Damages for Breaching the FET Clause
…that this recovery process could become indefinite. Regarding the full restitution of the uncollected debt, the Tribunal held that it was completely arbitrary because a previous process for negligence2)According to…
#FOTA22: To Boldly Go Where No Arbitration Conference Has Gone Before
…an introduction to the concept of the Metaverse, following which Lester Schiefelbein (Schiefelbein Global Dispute Resolution) took the audience into the future. Looking at what the arbitration process may look…
Poland to Withdraw from the ECT: Who Does It Benefit?
…process are low. Thus, unilateral withdrawal is presented as the only way to achieve compliance with EU law. Poland asserts that the negotiations mandate of the European Commission does not…
ICCA Edinburgh 2022: An Outside Perspective, the Renaissance Arbitrator and a ‘Great Debate’: the ICCA Congress 2022 in Edinburgh Comes to a Successful Close
…is depicted as a mass exodus is actually a healthy process, with some withdrawals balanced by some re-joining or renegotiating. The ISDS system needs a vision going forward, which should…
Africa, Artificial Intelligence, Asia, Climate change, ICCA, ICCA Edinburgh 2022, Legitimacy, Reform, Technology, Working Group III, Young Arbitration
ICCA Edinburgh 2022: ISDS, Regional Perspectives, New Frontiers in International Arbitration and More: Some Highlights of the Second ICCA Congress Day
…of practice, and advanced the view that use of the blockchain in arbitration would make the process less cumbersome and expensive. Finally, Ms. Raneda advised that the use of the…
Artificial Intelligence, Costs in arbitral proceedings, COVID-19, Diversity, Due process, ICCA, ICCA Edinburgh 2022, sociology of international arbitration
ICCA Edinburgh 2022: Enlightenment, Adaptation, Classics Revisited and More: A Round-Up of the First ICCA Congress Day
…its definition, spanning the entire arbitration procedure, but she cautioned against falling into ‘due process paranoia’. Finally, Lucy Reed posed the question: ‘AI vs. IA: End of Enlightenment?’. She focused…
ICCA Edinburgh 2022: Haste Ye Back! Reasons to Return to Scotland
…consistent support for the arbitral process. Our Legal Expertise It is fair to say that Scots law does not have the same currency as, for example, English law. However,…
ICCA Edinburgh 2022: “Arbitration’s Age of Enlightenment”
…the bidding process to host the 2020 ICCA Congress (as it was then scheduled). At the closing ceremony of the last Congress in Sydney, in 2018, our Scottish hosts invited…
Courts, Domestic Courts, Interviews with Our Editors, National Courts, New York Convention, Pacific Islands, Tonga, UNCITRAL Model Law
Interviews with Our Editors: Lord Chief Justice Hon. Michael H. Whitten KC, Supreme Court of Tonga
…by definition, involves a confidential process and thus, in the absence of arbitral institutions, overt statistics are necessarily hard to come by) are by Government. A recent example was discussed…
UAE Court Rejects Enforcement of Foreign Arbitral Award for Irregularity in the Placement of the Arbitrator’s Signature and Confirms the Period for Appealing an Order to Execute Foreign Arbitral Awards
…judge who is required to determine the application within 5 days. This new process allows for a significant streamlining of the process for execution of foreign judgment/awards, which previously were…
Possible Changes In Arbitrating Against The Chilean State: Lessons Learned from Bolivia
After the October 2021’s plebiscite, Chile began the process of drafting a new constitution, which was entrusted to a “Convención Constituyente“. After a year of work, on July 4, 2022,…
Arbitral Freedom and Judicial Restraint: Iura Novit Curia in Gol Linhas Aereas SA v MatlinPatterson Global Opportunities Partners (Cayman) II LP and Others
…the Brazilian courts found no violation of due process in the protracted setting aside proceedings. Fourthly, the key factual issue was fraud and the tribunal’s legal reasoning based on that…
Arbitration Act, Arbitrator Challenges, Arbitrator Selection, Brazil, Brazilian Arbitration Act, Conflicts of interest, Debate, Disclosure, double hatting, Independence and Impartiality, judicial reform, regulation
The Newest Proposal to Amend the Brazilian Arbitration Act: A Threat to Arbitration in Brazil?
…Amendment”). On July 6, 2022, Brazilian party leaders signed a Motion of Urgency to bypass the standard legislative process – which usually comprises public consultations and lengthy steps in internal…
Kluwer Arbitration ITA Arbitration Report, Volume No. XX, Issue No. 11 (August 2022)
…and renders the claims presented in the Market Court inadmissible. The arbitral award concerned claims arising out of a contractual relationship between the parties, whereas the process in the Market…
Code of Conduct, double-hatting, Investor-State arbitration, investor-State arbitration and mediation, Investor-state tribunals, ISDS, ISDS Reform, Reform, UNCITRAL, UNCITRAL WG3 Series
Interview with our Editors: Shane Spelliscy, Chair of UNCITRAL Working Group III on Investor-State Dispute Settlement Reform
…legal cultures of UNCITRAL representatives influenced the reform process? What challenges have arisen due to the multilateral nature of the process? A multilateral process like UNCITRAL, where we have delegates…
Interpreting Away Treaty Conflicts? Green Power, ISDS and the Primacy of EU Law
…interpretation is definitional: to elucidate the meaning of treaty clauses. The Tribunal was right that interpretation must not be an abstract process (§344), and that the normative environment of the…