…interpretation is definitional: to elucidate the meaning of treaty clauses. The Tribunal was right that interpretation must not be an abstract process (§344), and that the normative environment of the…
…to the Second Decision (May 2019). Nevertheless, in May 2019, respondents filed a motion to vacate the arbitral award, alleging in sum that the award (i) violated due process by…
…contrast, common law jurisdictions view the exchange of documents as a necessary process to ensure that the parties can assess the strengths and weaknesses of their case and marshal evidence…
…sent shock waves throughout the arbitration community when it stated in Esso that arbitration is a public process unless a contrary agreement explicitly provides for confidentiality. As reflected in case…
…that a state act that is arbitrary, notoriously unjust, unlawful, idiosyncratic or discriminatory, as well as lacking in transparency or a serious breach of administrative due process, is contrary to…
…regulate the entire arbitral process. The first title deals with the application of the Rules, notifications of disputes, and the calculation of time periods. The second title covers the start…
…“(1) regulating the conduct of counsel in terms of their professional duties and applicable ethical rules or (2) ensuring the integrity of the arbitration process itself, including fundamental principles of…
…that the fundamental principles of arbitration are guaranteed, such as confidentiality, due process, fair and equitable treatment of parties and the right of defence, etc. The arbitral tribunal informed the…
…funding contracts, (ii) the nature of the contractual relationship between the funder and the party’s counsel; and (iii) the relationship between the funder and the arbitration process. Do the Relevant…
…of the Contracting Parties, the modernized ECT will enter into force 90 days after its ratification. At KAB, we have been closely monitoring the ECT reform and modernization process. Building…
…must bear in mind that the drafting process was conducted entirely remotely, which led to fewer interventions than typically seen at in-person debates. One can hope that the in-person meeting…
…arbitration proceedings are to be regarded as equal to state court proceedings, they must provide for due process. Due process requirements increase when the parties do not have the same…
…subject, seemingly theoretical, has significant practical meaning in arbitration proceedings. What is the role of substantive law in decision-making process? What are the parties’ expectations in this regard? How can…
…noted in the Webinar that this may affect the learning process of younger practitioners in international arbitration. However, for complex cases and hearings involving multiple testimonies and arguments, practitioners believe…
…as a testifying expert in construction disputes and explained that instructing counsel would be well-served by taking the time to explain the hearing process, dramatis personae, and hearing logistics with…
…do not justify the risk of frustrating the very process to which the amicus seeks to participate seems understandable. The Impact of Amicus Curiae on the Arbitral Process –…
…consideration. Early-stage startups, for instance, will put a premium on the speed of a dispute resolution process, seeking resolution to pave the way for funding rounds. Some technology disputes will…
…during the proceedings and give parties a chance to address these matters to safeguard due process. He also posed a question whether a counsel is obliged to battle bribery or…
…Appointing and Challenging Arbitrators VanIAC’s new international rules set out the process for appointing – and, where this circumstance arises, challenging – arbitrators (Rules 11 and 13). Rule 12 confirms…
…“unfriendly states”. In this regard, several news outlets reported that Russia is in the process of implementing legislation that will interfere with foreign investments in Russia, and might potentially even…
…of life science disputes tended to lead to overly detailed party submissions which more often than not serve to extend the timing of the process. Mr Fessas gave a statistical…
…ground for challenge, there would be no room for the exercise of good faith discretion in the disclosure process and arbitrators could be burdened with proving the non-existence of non-disclosed…
…criteria, making the selection process more inclusive by expanding the pool of usual suspects and helping to achieve a better balance regarding experience and geographical representation. Wolters Kluwer has also…
…bias are key elements that define the integrity of any dispute resolution process. The absence of these key elements in any dispute resolution process cast doubt on due process notwithstanding…
