…express their views on factors they considered as promoting dispute resolution efficiency most going forward. In this connection, the survey included questions on transparency mechanisms, specialisation of institutions, rules and…
…4 November 2016, in its most recent step of “further increasing the efficiency and transparency of ICC arbitrations,” the ICC Court announced amendments to the ICC Rules of Arbitration (“ICC…
…would increase transparency and ameliorate any adverse ‘perception impact’ of the self- or tribunal-policing of tribunal secretaries and the non-disclosure of their memoranda and drafts (such disclosure was requested, but…
…(when developing non-binding “Statements” on arbitral procedure) and UNCITRAL (when developing transparency rules that apply largely on a voluntary, opt-in basis). With the conclusion of the TPP (subject to a…
…and its accompanying UNCITRAL Transparency Rules. Chapter Nine of the TPP reflects these modernizations of the ISDS system. It includes provisions for greater transparency of proceedings and documents, and for…
If James Bond practiced law, it would be international arbitration. Don’t believe me? Just consider how many international arbitration cases could be great plots for a James Bond movie. Take,…
…the context of the TTIP negotiations, where the European Commission has proposed the creation of the so-called investment court to address concerns regarding arbitrators’ impartiality and the system’s transparency. Although…
…protection provisions in TRAC Rules is needed. In this regard, the 2013 UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration could form a strong framework to encourage investors to adopt…
…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…
