…of the whole arbitral process currently. While originally the process of arbitration was guided by few general principles, mainly party autonomy and due process, today the arbitral process is dense…
…electricity have focused minds. The stakes are high. As the ECT Secretary General has said: “If the modernisation process fails, I don’t see a future for the Treaty.” Italy withdrew…
…away the Act’s duality of character and protected the finality of the process at the expense of protection from the Court for the parties. This tied in with Mr Iwawan’s…
…Act 2022 came into force on 24 March 2022. The Act created a legally binding statutory arbitration process for landlords and tenants in England and Wales to resolve disputes in…
…do not materially change the manner in which evidence is delivered or received and can enhance efficiency of the process. Alert to client preferences, however, Harris has noticed a trend…
…arbitration, parties must exchange confidential offers, outside the tribunal process. Functionally similar to a Calderbank offer, this would help the parties continue to “temperature check” the contours of potential resolution…
…process domestic and international fund transfers in the U.S. financial market. The financial institutions and banks operating inside or outside U.S. jurisdiction that use Fedwire or CHIPS are exposed to…
…cannot adopt regulatory measures. But it requires States such as Colombia to be careful and diligent in the process of developing and applying new measures that can ultimately prevent investment…
…Constitution in the country and the changes that could be envisaged in arbitration. Regarding the impact of the constituent process, Andrés Jana pointed out that, during the draft of the…
…that this recovery process could become indefinite. Regarding the full restitution of the uncollected debt, the Tribunal held that it was completely arbitrary because a previous process for negligence2)According to…
…an introduction to the concept of the Metaverse, following which Lester Schiefelbein (Schiefelbein Global Dispute Resolution) took the audience into the future. Looking at what the arbitration process may look…
…process are low. Thus, unilateral withdrawal is presented as the only way to achieve compliance with EU law. Poland asserts that the negotiations mandate of the European Commission does not…
…is depicted as a mass exodus is actually a healthy process, with some withdrawals balanced by some re-joining or renegotiating. The ISDS system needs a vision going forward, which should…
…of practice, and advanced the view that use of the blockchain in arbitration would make the process less cumbersome and expensive. Finally, Ms. Raneda advised that the use of the…
…its definition, spanning the entire arbitration procedure, but she cautioned against falling into ‘due process paranoia’. Finally, Lucy Reed posed the question: ‘AI vs. IA: End of Enlightenment?’. She focused…
…consistent support for the arbitral process. Our Legal Expertise It is fair to say that Scots law does not have the same currency as, for example, English law. However,…
…the bidding process to host the 2020 ICCA Congress (as it was then scheduled). At the closing ceremony of the last Congress in Sydney, in 2018, our Scottish hosts invited…
…by definition, involves a confidential process and thus, in the absence of arbitral institutions, overt statistics are necessarily hard to come by) are by Government. A recent example was discussed…
…judge who is required to determine the application within 5 days. This new process allows for a significant streamlining of the process for execution of foreign judgment/awards, which previously were…
After the October 2021’s plebiscite, Chile began the process of drafting a new constitution, which was entrusted to a “Convención Constituyente“. After a year of work, on July 4, 2022,…
…the Brazilian courts found no violation of due process in the protracted setting aside proceedings. Fourthly, the key factual issue was fraud and the tribunal’s legal reasoning based on that…
…Amendment”). On July 6, 2022, Brazilian party leaders signed a Motion of Urgency to bypass the standard legislative process – which usually comprises public consultations and lengthy steps in internal…
…and renders the claims presented in the Market Court inadmissible. The arbitral award concerned claims arising out of a contractual relationship between the parties, whereas the process in the Market…
…legal cultures of UNCITRAL representatives influenced the reform process? What challenges have arisen due to the multilateral nature of the process? A multilateral process like UNCITRAL, where we have delegates…
