…in support for publication of awards by arbitral institutions is transparency in commercial arbitration. It has been argued that publishing awards gives broader visibility of the arbitrators’ work to existing…
…This year’s developments show that the tide may be turning. There is, however, reason for caution, particularly where there remain uncertainties around the standards of transparency that would attach to…
…First, I would like to applaud the ICC for the transparency it has created. It would be good if other institutions were to follow. Other than that, I believe that…
…to flag procedural issues typically associated with arbitral proceedings. They include guidance on matters such as the language(s) of the proceedings, confidentiality and transparency, and documentary evidence and site inspections….
…it is true that there is a risk of losing confidence in arbitration every time that fraud, lack of transparency, lack of independence and impartiality are alleged, it has been…
…a State’s rights to exercise its legitimate police powers beginning with a neutral definition of “nationalization” may provide the, consistency, clarity and transparency with which issues relating to nationalization can…
…different obligations, including “transparency” treatment in accordance with the investor’s “legitimate expectations,” procedural propriety and due process, good faith, and freedom from coercion or harassment. FPS, meanwhile, has been applied…
McGill University Faculty of Law was delighted to receive more than 70 submissions from scholars and junior practitioners affiliated with more than 60 institutions for the 2016 Nappert Prize in…
Introduction On 23 May 2016, CIETAC’s Hong Kong Arbitration Center (CIETAC HKAC) issued for public consultation draft Guidelines for third party funding (the draft Guidelines). Third party funding (TPF) is…
…a step towards transparency that relies on what arbitrators themselves choose to disclose. We believe – and at least those answering our survey appear to agree – that this modest…
…for litigation funders in that transparency as to the capital structure of a party in arbitration is not only restricted by the funded party’s confidentiality obligations towards the funder, but…
…transparency of arbitral proceedings in article 9.24 TPP and NAFTA. In relation to the substantial provisions of the TPP, a collision of norms is likely to exist. First of all,…
…world since the current SCC Rules went into effect in 2010 – just consider the rise of complex multi-party disputes, the new transparency rules for investor-state disputes, the controversy over…
…reasonably have become aware of a breach.37)Article 34 of the 2009 ASEAN Framework Agreement. A provision of particular interest is on the transparency of arbitral proceedings, as a disputing host…
…for several years for transparency in relation to this information. The onus for addressing gender equality is on all players in their various roles. Therefore, collating and disclosing statistics will…
…Uruguay and Venezuela. UNASUR’s main purpose is to promote economic, social and political integration in the region. The proposed mechanism is said to aim boosting transparency, impartiality and control to…
…after a significant revelation in the arbitration, then the bucking of the trend towards transparency and the attenuation of transparency’s benefits may yet prove wise. If the arbitration proceeds all…
…in particular in regard to the transparency, development and uniformity of the interpretation and application of the law’ (authors’ translation). While such concerns have surfaced from time to time in…
…when the party urgently needs them, i.e. they cannot await for the constitution of the arbitral tribunal), and finally (iii) the transparency of the proceedings (excerpts of awards or whole…
…would bring overall. First, there is the benefit of achieving greater transparency (a) for the players inside the microcosm of an arbitration and (b) for everyone else, in the wider…
…transparency is one of the main issues that the BiH Court must tackle. It is said to be virtually impossible for any party to obtain precise and up-to-date information on…
…and bringing in a degree of transparency. Arbitration like any other form of contract requires mutual consent to have a challenge free resolution. The quickest way to resolve this issue…
…substantive obligations, the host State is also subject to a soft obligation of transparency, a concept newly introduced into the revised Model BIT (see Art. 10, revised Model BIT) and…
…ICC’s ongoing campaign to increase transparency in ICC arbitration proceedings. Of particular interest is the inclusion in the Guidance Note of a reference to third-party funding (“TPF”). Specifically, the Guidance…
