…the arbitral tribunal. For instance, a conventional AI model might summarize a witness testimony as follows: “Witness A testified that Party B knowingly manipulated financial figures during the meeting, directly…
…submissions, while chatbot interfaces help users draft clauses and file claims. Innovations also included encouraging mediation and allocating costs based on party conduct to promote procedural discipline. The panel then…
…concert to streamline proceedings without compromising fairness or party autonomy. With institutional efforts as the initial focus, the participants then addressed emerging challenges. ICC’s revision of its rules and reconsideration…
…the party against whom it is invoked furnishes proof that it “was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise…
…highlighted measures for efficiency, such as control of timelines, cost allocation based on party conduct, prompt arbitrator disqualification procedures, and transparency measures such as disclosure of third–party funding and default…
…the Law of Treaties makes clear that context matters, as do party intentions and interpretative practices. One must not conflate uniform drafting with uniform meaning. Indeed, if the mere replication…
…UNCITRAL Model Law on International Commercial Arbitration, 1985. Section 34(2)(a) provides limited grounds for setting aside an arbitral award, namely, incapacity of a party, invalidity of an arbitration agreement in…
…and flexibility, aligns with the Code’s principles. For example, CIAM-CIAR’s commitment to transparency regarding third–party funding is consistent with the Code’s recommendations, a commitment reinforced by the requirement, for potential…
…limit expansive interpretation of MFN clauses. Minimum Standard of Treatment (“MST”) Article 10.5 and Annex 10-A of the TPA mandate each party to accord covered investments treatment consistent with customary…
…treatment. Contrary to the approach of traditional BITs, for example the Kenya-Germany BIT, which merely states that neither Contracting Party shall subject investments in its territory owned or controlled by…
…BIT. Article 3(1) of the UK-Ukrainian BIT provides that: “Neither Contracting Party shall in its territory subject investments or returns of investors of the other Contracting Party to treatment less…
…two must be historians with particular knowledge about National Socialism. Each party will nominate one lawyer and one historian, who in turn elect an additional lawyer, preferably a German judge,…
…have rejected attempts to impute a third party’s use of the relevant property to the sovereign. The court granted Commisimpex leave to amend its turnover petition, and in an amended…
…require more than a claim of constitutional breach to declare an investment illegal. The party raising the objection based on a constitutional violation must demonstrate that: a specific constitutional provision…
…arbitration enjoys in South Africa. Of note are the cases in the High Court of South Africa which underscore the principles of party autonomy, judicial non-intervention, and arbitration award enforcement….
…an arbitration agreement’s formal requirements. The new article 10 bis seeks to regulate the extension of arbitration agreements to non-signatories, recognizing only two scenarios: (i) when a party’s consent to…
…the sessions on merits and jurisdictional issues, we brought in arbitration practitioners and experts on five topics to help students understand the funding process: fraud investigations, damages, third–party funding, litigation…
…arbitration theory. Rooted in the principle of party autonomy, it reflects the understanding that parties who choose arbitration intend for a neutral arbitral tribunal—not national courts—to resolve their disputes, including…
…at the behest of Unicredit (i.e., the non-Russian party) which was threatened with heavy court-imposed monetary penalties in Russia if it failed to get the ASI vacated. In this case,…
…to arbitral awards and proceedings. It upheld the award in favour of the US party. Further support for South Africa’s pro-arbitration stance appears in the Constitutional Court’s judgment in Lufuno…
…arbitral awards, to define the law relating to conciliation of disputes and to provide for funding of CADER by the government, at the turn of the millennium—May 2000 to be…
…balancing the various considerations and interests of the parties involved (at [67]). This balancing exercise would naturally entail consideration of the interests of the applicant (i.e., the party requesting the…
…However, DMZ also creates possible impediments to the early and final resolution of a party’s procedural objections by implying that procedural challenges against a decision of the SIAC can be…
…These provisions may raise concerns in arbitration where confidentiality is a fundamental principle. For instance, it is uncertain if, in case a party or witness invokes their right to erase…
