…pierced the corporate veil and, in the process, formulated the ‘Bancec factors’ to determine, in effect, whether a corporation was functioning as the wholly-owned instrumentality of a foreign government. The…
…Act. Art. 18(1) deprives the investor found in breach of its obligations concerning corruption of the right to initiate any dispute settlement process under the treaty. Furthermore, under paragraph (e),…
From 20-26 July last year, this Blog ran a series on the Energy Charter Treaty (ECT) modernisation process. The Energy Charter Conference (the Conference) had recently established a Modernisation Group…
In late May 2021, the Swedish Chamber of Commerce (“SCC”) announced its most recent dispute resolution tool – SCC Express, a process conducted under the SCC Rules for Express Dispute…
…to the process by which a successful party seeks the municipal court’s assistance in ensuring compliance with the award (as recognised) and obtaining the redress to which it is entitled….
…focused specifically on disputes between the Reich and private parties. The 1933 Directives made a number of general criticisms of the arbitral process as a means of adjudication, and relied…
On 15 January 1986, Ecuador signed the Convention on the Settlement of Investment Disputes between States and Nationals of other States (“ICSID Convention”). During President Rafael Correa´s administration (2007-2017), President…
…State-owned power operator (which in 2000 was in the process of privatisation). The agreement contained a clause referring disputes to arbitration under the rules of the Arbitration Chamber of the…
…also invite such submissions on its own initiative. A similar provision is also being discussed as part of the ICSID Rules Amendment process. Early dismissal of frivolous claims (Article 24a):…
…arbitration must be oppressive, vexatious, unconscionable or an abuse of process. The higher threshold is generally thought to apply as an anti-arbitration injunction involves an interference with the fundamental principle…
…was corrupt. Professor Hartley and Mr. Ribeiro also acknowledge that the Convention omits the highly-important guarantees for due process and procedural regularity contained in Articles V(1)(b) and V(1)(d) of the…
…it seals the process of decision hermetically against any and all other rules. We take note the caveats identified some time ago against exaggerated notions of self-containment in treaty systems,…
…process, taking of evidence, legal aid, and choice of law, as well as an infrastructure of central authorities, all aiding the operation of cross-border dispute resolution. The HCCH system contributes,…
…creating the best, neutral venue for all elements of the arbitral process. In this role, I have broadened my abilities and scope of practice and met some of the most…
…perils, like hacking – which turned out to be a big problem – but some issues remained (e.g. specific due process concerns) so the actual measures implemented depended on the…
…before sending it out, as, especially when sitting as sole arbitrator, there is the solitude of the decision making process and, hence, no review of drafts before being sent to…
…fact fall within, or overlap with, due process or public policy grounds, and are “limited to the extent sufficient to affect the award”. Furthermore, the Draft Amendment explicitly restricts merits…
…forensic process a lawyer engages in—but, again, not quite. Crawford honed his skills on high-profile disputes like Nauru v. Australia, representing the claimant against his home country; and the East…
…UNCITRAL’s EAR, however, are special in several respects. A Unique Process What stands out is the unique setting in which instruments, including the EAR, are elaborated. The Commission’s membership…
…Comments An amendment to the Arbitration Law is in process. It is unclear whether emergency arbitrators will be introduced to the upcoming version of the Arbitration Law. However, with the…
…evidence issues more generally). Typically this involves conducting a balancing exercise which considers (1) the process and circumstances through which the material was obtained (and its compatibility with obligations of…
…of last resort to gain access to recourse—especially since security for costs makes the contentious process even costlier—rather than large multinationals who are comfortable funding their own disputes and boast…
…the dispute settlement process, as outlined in Article 31 of the UN Guiding Principles on Business and Human Rights. While not binding, the UN principles set guidelines for administering public…
…as investment disputes. Johanna Kathan-Spath is legal counsel at the VIAC Secretariat and was responsible for overseeing the whole revision process including the drafting of the new Investment Rules….
