The Expanding Audience for Open Arbitration Hearings
…nobody show up, some skeptics muttered that the whole experiment showed that the need for transparency was overblown. A few years later, the Methanex v. United States arbitration was opened…
Search Results for: transparency
Kingsbridge Capital Advisors v. AlixPartners: What Confidentiality in Arbitration?
…accepted by all parties. One way to improve this situation is to increase the degree of transparency in arbitration. Such transparency may have positive effects on the quality of arbitral…
Launch of P.R.I.M.E. Finance Arbitration Rules: dispute resolution in global financial markets
…See article 8 P.R.I.M.E. Finance Rules. For reasons of transparency, this list of experts is public. The P.R.I.M.E. Finance Rules oblige a candidate arbitrator pursuant to article 11 to disclose…
Judge-Arbitrators in Delaware
It is not unusual for retired judges to serve as arbitrators. But what about sitting judges? A number of European countries permit sitting judges to serve as arbitrators. See Gary…
The “99%” take on investment tribunals
…This has, by and large, been a model case for increasing the transparency of proceedings. As Luke Peterson has pointed out in a previous post, the Pac Rim arbitration has…
Tecnimont, the saga continues but is not yet over
…the previous blog posts,2)See A. Mourre, ‘Challenges: Do Institutional Rules matter? The situation after Tecnimont II’ and A. Mourre, ‘Conflicts of Interest: Towards Greater Transparency and Uniform Standards of Disclosure?’…
The LCIA Arbitrator Challenge digests: An Interview with William (Rusty) Park
…a greater transparency in this area could enhance the predictability of decisions, provide greater guidance to arbitrators concerning the scope of their disclosures, and lead to a reduction in the…
Applicable Law, Arbitration, Arbitration Proceedings, Arbitration Quiz, Arbitrators, Costs in arbitral proceedings, Expedited arbitration, Joinder, Jurisdiction, Mediation
Anti-Arbitration: Answers to the Summer Quiz!
…external counsel and lost productivity (internal employee time), which is typically much greater in arbitration than in mediation. 13. Transparency: Answer (d). Institutions likely to engage in some type of…
Applicable Law, Arbitration, Arbitration Proceedings, Arbitration Quiz, Arbitrators, Costs in arbitral proceedings, Expedited arbitration, Joinder, Jurisdiction, Mediation
Anti-Arbitration: The Summer Quiz!
…average amount the ICC charged to parties, inclusive of all ICC administrative and mediator costs, was approximately: a. $20,000 b. $67,000 c. $128,000 d. $385,000 e. $453,000 (13) Transparency. According…
Non-Disputing State Party Participation in Investor-State Arbitration under CAFTA-DR
…Agreement (CAFTA-DR), specifically Article 10.20.2, including the relationship between non-disputing State Party submissions and the transparency provisions of CAFTA-DR as well as the implementation of Article 10.20.2 since CAFTA-DR entered…
Trans-Pacific Partnership Negotiations: Waiting for U.S. Proposals
…apparel), transparency (now encompassing “regulatory coherence”), trade capacity building—remain essential if a completed TPP is to be supported by the business community and Congress. However, additional issues have surfaced. These…
Arbitration Institutions and Rules, Arbitration Proceedings, Enforcement, ICSID Convention, Investment protection
Pakistan Enacts A Statute To Implement The ICSID Convention
…the Settlement of Investment Disputes between States and Nationals of other States, with an aim to bringing transparency in the settlement of investment disputes. The Act attaches the ICSID Convention…
Some Cost Consensus?
…proposals for data banks that would tabulate arbitrator performance and timeliness. Greater transparency concerning arbitrator performance is necessary and, I believe, inevitable—so arbitral institutions, concerned parties and potential arbitrators should…
Anti-arbitration, Arbitration Agreements, Corporate Counsel's view, Costs, International arbitration
Anti-Arbitration: Feedback on Your Recent Pitch
…Shell, Nestlé – have provided substantial resources and even funding to help start the International Mediation Institute (IMI), a successful and growing initiative to promote quality and transparency in mediation…
BIT, Confidentiality and Transparency, Foreign Investment Law, Investment agreements, Investment Arbitration, Investment protection, Transparency in investment arbitrations
Harnessing Freedom of Investment for Green Growth
…text of the Draft Statement. Although North American BIT practice has certainly embraced transparency, there are still many agreements being concluded that do not include provisions for transparency in investor-State…
Do We Need Another Arbitral Institute? Maybe.
…certainly even more so now after the crisis, the standardization of the over-the counter derivatives market has occurred as an attempt to create greater transparency and minimize the negative affects…
5th Annual Congress on Arbitration, 12-13 October, Buenos Aires
…also consult the party that appointed him, which immediately avoids any transparency issues that may arise in the future. Early on Wednesday morning, the Permanent Secretary of the Arbitral Tribunal…
Reflections on the New International Arbitration Global Survey
…reveals competing concerns – such as the desire to assess arbitrator performance – that may lead to increased transparency, particularly among those respondents that acknowledge the already “porous” nature of…
The Instant Cost Order
…arbitral proceeding. The advantages of such “Instant Cost Order” are obvious: (i) transparency in relation to the costs involved vis-à-vis counsel and parties already during the arbitral proceeding; (ii) incentive…
Arbitration Institutions and Rules, Arbitrators, Suggestions to improve transparency and access to usable data
Anti-Arbitration: A Modest Proposal for Standardized Performance Metrics
…the Fordham Papers in coming months, in which we called for institutions and arbitrators to provide more transparent performance metrics. The article is, Transparency in International Arbitration: What are Arbitrators…
Are unilateral appointments defensible? On Jan Paulsson’s Moral Hazard in International Arbitration
…is not improper for party-appointed arbitrators – provided of course all parties play by the same rules and that there is an appropriate level of transparency – to liaise with…
Status of the Work of UNCITRAL’s Working Group II
…on the table the difficult question of ‘transparency’ in investment treaty arbitrations. Confidentiality has long been perceived as an implied term in international arbitration. This was seen to follow from…
Live-Blogging the UNCTAD Conference
…smokers. … Lisa Blomgren Bingham: The important observation is how investment dispute systems need to provide for public participation and transparency given the important public policy issues at stake. Jason…
Are Russian Commercial Courts Becoming More Cooperative (and Predictable) in Aid of Foreign Arbitration and Litigation?
…the Supreme Arbitrazh Court on-line is likely to be another major step in developing transparency and consistency in the arbitrazh court system in Russia. One other development that is taking…