…for the process itself, and an approach that could be adopted and which has been adopted in some courts would have been to appoint the arbitrator or arbitral tribunal, commence…
…more as the exception rather than the rule—as the addition of more negotiating parties no doubt adds further complications to the funding process—the efforts required in implementing these safeguards may…
On 1 May 2023, the Saudi Center for Commercial Arbitration (“SCCA”) introduced its latest edition of the SCCA Rules, following an extensive public consultation process and input from the SCCA…
…be willing to utilize these provisions without compromising due process. Ms. Dimsey discussed how the HKIAC Rules attempted to expedite the arbitration process, including the absence of a scrutiny process,…
…feedback and noted that arbitrators with poor reviews would be removed from the list of arbitrators. Benjamin Hughes cautioned that due process paranoia can increase costs undesirably. Jamie Harrison mentioned…
…Rules”), Article 2; DIS Arbitration Rules (2018), Annex 3), arbitrators are often reluctant to take that license, at least in part due to “due process paranoia.” As the “Note from…
…London as the seat because the arbitral process is transparent. To a question from the audience about what could be done by the national courts of the MENA region to…
…how the enforcement process in India was split into two stages i.e. recognition and execution, and added that it was the stage of execution that had historically proven tricky for…
…the excellent lawyers specialized in dispute resolution practicing here. Highlighting the current amendment process of the English Arbitration Act, Lord Neuberger noted that it is appropriate to pursue this amendment…
…than an inflexible process with built-in milestones that may impact efficiency and effectiveness of arbitration. His conclusion was that arbitration is a service and a collaborative flexible process with proper…
…an arbitrator, I have been conscious of the importance of taking a holistic and proactive approach to sustainability. Rather than merely adopting a paperless work process and claiming to be…
Identifying the law governing the arbitration agreement has increasingly proven to be a complex and confusing process. This is particularly true after the UK Supreme Court’s Enka v. Chubb judgment,…
…want to ensure that the parties were afforded due process (see here, a discussion on due process paranoia) and a reasonable opportunity to present their case. Therefore, the courts are…
The modernization of the Energy Charter Treaty (ECT) has been debated among scholars, with some supporting it and others criticizing the process and outcome. The vote on the modernization was…
…to be considered on a case-by-case basis, both at the outset and throughout any investment project. To read our coverage of the ECT Modernisation process to date, click here….
…postponed for the second time, it appears that the process may conclude without any winners. Negotiation Process The roots of the modernisation efforts of the ECT can be traced…
…process. In its 21-page representation to BCI, the SILF has urged the BCI to repeal the Rules pending consultation with the law firms in India. This post discusses a few…
…We then ask, who decides who decides? And then who decides who decides who decides? This, in a process that’s meant to be efficient!” Judge Stong stressed that efficiency is…
…of foreign awards in their respective jurisdiction. Findings of the DCC in Case No. 790 of 2022 Since Cabinet Resolution No. 57 of 2018, the process for the enforcement…
…it. 3. Conclusion In sum, the EFILA conference had productive discussions that reinforced the idea that even though the outcome of the ECT modernization process, ISDS reform, and the…
…attempting to resolve their dispute through an arbitral process. One illustrative instance involved a New York-seated arbitration and subsequent court proceedings heard before the Supreme Court of New York, as…
As scholars and practitioners have reported in recent years, the investor-state reform process continues to make progress at the UN Commission on International Trade Law (UNCITRAL). The most recent session…
…a handwritten signature for such apostille process. The latter has generated a common practice where arbitrators usually provide a courtesy copy of the award with electronic signature, but truly rely…
…interest did not recuse himself, the fairness and due process of arbitral proceedings were undermined. Third, the third-party funder’s access to case information violated the confidentiality of arbitral proceedings. Both…
