…cannot lead to the annulment of an award in which a tribunal has retained its jurisdiction, even though the mediation process has not been implemented prior to the arbitration procedure….
…access. Technology allows parties to participate without the same level of financial burden, leading to a greater democratization of the process. However, technology also creates new ethical and other challenges,…
…administration, the US, Canada and Mexico embarked on a renegotiation and modernization process to develop what was then-dubbed “NAFTA 2.0.” In October 2018, negotiations concluded and a signing ceremony for…
…Objective, save for mandatory rules of [chosen jurisdiction] law. Climate change-related policies, however, impact not only the substance of arbitration, but also its process. Part of it could be what…
…should adopt for ISDS clauses. Ms Malik opined that the arbitration process itself was not the issue, but the manner in which the state proceeds to act on the substance…
…diminish the role of the courts, rather it was highlighted as an integral pillar in shepherding the dispute resolution process. Credit: Fatima Malik Panel on the Singapore Mediation Convention…
…with abusive practices, to ensure an efficient process and to deal with other shortcomings of the international dispute resolution system. Last but not least, empirical research could be relied on…
…In this process, parties normally resort to rankings (such as Chambers & Partners, Legal 500 and Who’s Who Legal) and internal selection’s criteria (e.g., amount in dispute, availability of arbitrators,…
…process. Again, advocacy is a human process that needs to take into consideration the feelings, attitudes, and beliefs which are things artificial intelligence is incapable of. Mr. Reichert added that…
…process rights of the parties. But in general, courts are respectful of arbitration and the arbitrators’ decisions. As a new administration just took office in 2022, has Colombia seen…
…process requires at least some months between notification and conclusion of the inter se agreements. Other VCLT provisions foresee notice periods of 12 months (e.g. Article 56(2) VCLT or 3…
…instance judge ruled that despite the cyber interception, there was no violation of the principles of due process of law and equal treatment of the parties. Additionally, the judge held…
…WGIII process is better than the ECT process, Mehranvar concluded there is still a lot of room for improvement. The ILC, ICSID, and the WTO Looking beyond current efforts…
…amendment aims to streamline the arbitrator selection process and enhance parties’ autonomy in arbitrations within the KSA. Government and Supporting Legislation References to arbitration as a means of dispute…
…to postpone or reschedule the hearing in order to secure the witness’ attendance. The process can also prove considerably more complicated if the witness is located in a jurisdiction other…
…process of economic liberalization. Hand in hand with that process, foreign direct investment (“FDI”) has become increasingly relevant. In order to promote and protect both inward and outward FDI, Israel…
…and finalized as the clock ran down as a hard-earned compromise. The drafting process revealed all the complexities and underlying tensions that may impede progress, even on widely accepted reform…
…the Energy Charter Treaty (ECT). On the contrary, Turkey took a very active role during the negotiations and more generally in the modernization process of the ECT. In your view,…
…examinations and provide input. Together in-house counsel and external can process the “fresh eyes” impressions and feedback from the mock tribunal; together they can decide how to refine the case…
…basis by many of our international arbitration practitioners that all stakeholders of the arbitral process would like to see it become more efficient. Most respondents considered that the responsibility for…
…element of the ISDS reform process and enhances the legitimacy of the process and ISDS itself. Stakeholders and observers alike had called for a regulation of ethics for a long…
…Stern’s dissenting opinion, she qualified the Award issued by the majority as utterly wrong in law and justice and considered it an abuse of process. For Stern, the Tribunal was…
…the fundamental principles of state sovereignty rather than undermining them. 2. ECT Modernisation Lucian Ilie noted that the origin of the ECT modernisation process was the European Union (“EU”),…
…(iii) complying with the writing requirement of the arbitration agreement; (iv) having an original and duly authenticated award; and (v) non-compliance with due process (discussed further on the Blog here)….
