…of Clifford Chance argued that there is overwhelming evidence that arbitrators’ profiles are undergoing a process of harmonization. He highlighted 10 contributing factors to that effect: the majority of arbitrators…
…of assistance in the tribunal’s decision-making process. The Vedanta decision arose out of an application by India for cross-disclosure of documents in two parallel and related investment-treaty arbitrations with the…
…capabilities to guide practitioners through the most important steps of the arbitral process. Launched in December 2019, KAPP is a practical extension to Kluwer Arbitration, the world’s leading research solution…
…represents the feature of arbitration as a private and voluntary dispute resolution process. Conclusion An amendment to the Arbitration Law has long been called for. By simplifying the statutory…
…procedure. The Supreme Court thus held that it would cause “grave injustice” if the awards were set-aside only for fresh arbitral proceedings to be re-initiated under the defective appointment process….
…getting off well-meaning shortlists and onto tribunals. To make this crucial information both more plentiful and more readily available, the traditional person-to-person referral process must be replaced with a broad-based,…
…a classified consultation process with selected Chinese arbitration experts, on 30 July 2021 the Ministry of Justice of the PRC published a draft of the amended PRC Arbitration Law (“Draft…
…for it. More generally, the entire EU and EU Member States’ agenda (the plurilateral treaty for the termination of all intra-EU BITs, the EU’s proposal in the ECT modernisation process,…
…shortcuts that help process information and make decisions quickly, they make it very efficient for humans to navigate the world. However, difficulties arise when decision-makers use these shortcuts to make…
…arbitrators. However, the parties’ amendments meant that it was unclear on the face of the Clause how the sole arbitrator was to be appointed, because (i) the appointment process outlined…
…proceedings is not reconcilable with the principle of due process as enshrined in Articles XXIV and XXVIIII of the Hungarian Fundamental law. Consequently, the recognition of such an award would…
…as the process for enforcing international arbitral awards, requirements for arbitration with public entities, and the process for annulment actions. This post explores the novel aspects brought by the Regulations…
…must directly intervene in ISDS. These concerns are being addressed in the ISDS reform process at the UNCITRAL Working Group III as well as in EU Law trade agreements. According…
The views of the party-appointed experts in an arbitration may differ substantially, making it difficult for tribunals to navigate within the multiple areas of disagreement. Even if the disagreed issues…
…In a nutshell, the adoption of standards is a prerogative of standard-setting organizations (SSOs). In the adoption process, SSOs pay attention to possible patents that may be embedded in the…
…Uniper’s claims RWE and Uniper made their position known in the public consultation process in advance of the law being adopted. They argued that the law would not appropriately take…
…including of CAM-CCBC, in promoting arbitration in Brazil? To an extent, it is possible to say that the process of consolidation of arbitration in Brazil is intertwined with CAM-CCBC’s growth….
…that a secretary’s work is not limited to purely administrative tasks. It also encompasses intellectual contributions, which could potentially impact the decision-making process of the tribunal. However, the court continued,…
…direct that the liquidator ceases the enforcement of the ICC award, amounts to an adverse and unwarranted interference with the arbitral process. BIT tribunals have previously looked unfavourably upon such…
…difficulties against sovereign counterparties. The decision of the Court in KLA Const. is noteworthy for its strong reaffirmation that the arbitral process is not comparable to the prosecution of suits…
…truant parties would like to derail the process. The First Instance Judgment The dispute related to construction works for 5 villas in Dubai. The parties (respectively, the Employer and…
…Kingdom’s bid to begin the accession process.1)The signatories consist of Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. International Trade Secretary, Liz Truss, commented that…
…essentially results in one party completely charting the course of the dispute resolution process. However, in the aforementioned case, the SC held that the GM’s power was countervailed by the…
…detailed standard to carry out this process to avoid consistency and transparency concerns. For instance, the TCA could incorporate similar criteria to the ones outlined in Article 37 of the…
