Search Results for: due process paranoia

BIT, Colombia, International dispute resolution, International Investment Arbitration, International Investment Law, Investment agreements, Investment protection, Latin America, Venezuela

(Sciences Po Law School - Paris)/ /Leave a comment

…practice. Expropriation. The Treaty contains an “expropriation” clause, with the usual requirements of public interest, due process, non-discrimination, and payment of compensation (art. 7.a). However, it also provides that non-discriminatory…

Arbitrability, Arbitral Award, Colombia, Enforcement, Latin America, Public Policy

(Independent Practitioner based in Bogota, Colombia)/ /Leave a comment

…Justice (“Court”) on the matter. These cases illustrate the process of analysis undertaken by the Court to decide requests for recognition and enforcement of foreign awards, namely the review of…

Arbitration, Arbitration Proceedings, International Law, Interstate arbitral awards

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…While the Commission arguably arrived at the correct result, any higher purpose of interstate arbitration was unlikely served by such an acrimonious process, including accusations of perjury, bias, witness tampering,…

HKIAC, HKIAC Rules, Hong Kong, Interim measures, Paris Arbitration Week

, (Laborde Law) and (Africa Global Logistics)/ /Leave a comment

…confidentiality (the Arbitration Ordinance itself also provides that arbitration is a confidential process not just in arbitration proceedings but also in courts); mandatory disclosure of TPF; clear grounds for termination…

Paris Arbitration Week, Provisional measures

, (Laborde Law) and (Africa Global Logistics)/ /Leave a comment

…the parties to be effective, particularly in the short term. The parties buying into the process when they have had a chance to fairly participate in it is an important…

Environment, Investment Arbitration, Mining Sector, Sustainability

, (Laborde Law) and (Africa Global Logistics)/ /Leave a comment

…arises before the mine reaches an early stage, proving damages can be challenging. Unless the mining process has begun, it is difficult to convince a tribunal that there was any…

Investment Arbitration, Investor-State arbitration, Paris Arbitration Week, Resource Nationalism

, (Laborde Law) and (Africa Global Logistics)/ /Leave a comment

…process, resource nationalism need not be a wrongful act. On this basis, she proposed defining the concept as government policies that appropriate a larger share of resource revenues and increase…

International Investment Arbitration, Investment Arbitration, Investment Disputes, Paris Arbitration Week

, , (Laborde Law) and (Africa Global Logistics)/ /1 Comment

…which enable more viewpoints to be involved in the process. Mr. Landau finally opined that the adversarial system polarizes the process and needs to be rethought, with instruments that allow…

California, California International Arbitration Week, Interviews with Our Editors

(Freshfields US LLP)/ /Leave a comment
Young California Arbitration (Young CalArb)

…F.3d 766, 773 (9th Cir. 2019) (quoting Scherk, 417 U.S. at 520 n.15). Recognizing and enforcing arbitration agreements includes facilitating the arbitration process and providing arbitrators—in both domestic and international…

California, California International Arbitration Week, Intellectual Property, Intellectual Property Rights, Patents

(Straus Institute for Dispute Resolution, Pepperdine Caruso School of Law) and (Pepperdine Caruso School of Law)/ /Leave a comment

…stated that this option will likely result in a materially correct decision which greatly ameliorates the concern of having no appeals process. Mr. Kang emphasized the benefits of the confidential…

California, California International Arbitration Week, Contract Drafting, Technology, technology industry

(White & Case LLP), (Chaffetz Lindsey LLP), and (Goldman Ismail Tomaselli Brennan & Baum LLP)/ /Leave a comment

…process for constituting the tribunal. Confidentiality: The confidentiality of international arbitration may be important in cases involving sensitive proprietary information. By contrast, court proceedings in countries such as the United…

Investment Arbitration, Investor-State arbitration, ISDS, ISDS Reform, UNCITRAL WG III Series, UNCITRAL WG3 Series

, (Dechert LLP)/ /Leave a comment

…provisions set out in the Note, Tribunal members are appointed in a three-step process. The process is designed to maximize transparency and inclusiveness of appointment, diversity, and professionalism, while avoiding…