…the interesting possibility that investors could claim damages based on the “amparo” constitutional appeal process that was unveiled as part of Mexico’s 2013 energy reforms (a topic discussed in more…
…are there any provisions forcing States to enter into a process of economic integration. The Court also decided that the Convention does not confer competences inherent to the domestic legal…
…any other course of action would undermine the arbitrator’s authority to which the parties had agreed, and constitute an abuse of process. A claimant, he reasoned, should be prevented from…
…our arbitration community. He is and has been a successful advocate, judge, arbitrator, teacher, and mentor to arbitration practitioners globally. He has a perspective on the arbitration process from his…
…because the arbitrator would not have been considered impartial under the Brazilian Civil Procedure Code. Because impartiality is part of the guarantee of due process, the award violated Brazilian public…
…there could be serious due process concerns if arbitrators implement a correction to an award that goes beyond mere clerical correction, such as a substantive change, because due process would…
…or Arbitrator-Robot (“ArBot”). In this post, I focus on the anatomy of the arbitral process and, in particular, the conduct of proceedings and the rendering of awards. I also discuss…
…joint request of the parties involved. The relevant process essentially involves two steps: (a) under its decision 692/2011, RAE, acting as an administrative body, has set the general principles for…
…process by which the arbitrators come to their mutual conclusions, or to hear the particular opinions voiced during this process. Such a prohibition is envisaged in inter alia CEPANI Rules…
…provides guidance on which approach is advisable in a given situation. The Toolbox aims to provide practical and useful information to users on the various aspects of the arbitral process….
…deference to the state’s right to regulate and explicit carve-outs for public health and environmental measures. Second, in terms of the ISDS process, it refers to establishing a permanent court,…
…A human rights due diligence process to identify, prevent, mitigate and account for how they address their impacts on human rights; (c) Processes to enable the remediation of any adverse…
…second topic for discussion concerned how parties can make use of Dispute Avoidance/Adjudication Boards (“DAB” or “DABs”) to ensure they achieve their purpose in streamlining the dispute resolution process. Dr….
…rules (which are harmonized with the New Act), and is in the process of rebranding and modernizing the center. VanIAC’s new domestic rules now include provisions for expedited proceedings, emergency…
…of international law governing the international arbitral process.” Id. at 116. To that point, Born correctly posits that if the New York Convention were non-self-executing, “its terms would not apply…
…process. The practice has been affirmed by stakeholders because in international arbitration where differences in perspectives, culture, legal regime, and language exist, parties need direct involvement in the constitution of…
…drive to the best possible outcomes during the arbitral process.” “In today’s world, access to objective, data-driven information is ever more critical for transparency and understanding, yet it often…
…protocol should describe the actions – if any – to be taken by the parties and tribunal. It is also important that information be provided on the process of obtaining…
…conducted a two-step process consisting of (1) assessing the actual loss measured from the date of the breach to the date of the award, and (2) assessing the projected loss…
…hoped that further improvements will be made to the SCMA Rules through the recent consultation process. Whilst the SCMA, as a relatively early entrant to the international maritime arbitration scene…
…(a) efficacy of the arbitral process and the availability of a quick remedy through the emergency arbitration process, (b) the aim to de-clog courts, (c) no interdict in the Act,…
…of my prior posts. When parties resile from their agreements to arbitrate – whether by initiating litigation, by seeking to obstruct the arbitral process once it has begun or by…
…accompanied by mechanisms to prevent abuse of process. The availability of an appeal mechanism for procedural rulings may lead to unmeritorious objections to every procedural ruling and dressing up such…
…CAS to hear and determine an allegation of non-compliance and to determine the Signatory Consequences of such non-compliance. This process mirrors, insofar as is appropriate and practicable, the process followed…
