…reportedly setting funds aside to pay an unfavorable ICSID award for US$ 374 million. Process of Ratification of the ICSID Convention in Ecuador Ambassador Baki’s signing of the ICSID Convention…
…More kicks at the can does not make something a better process; rather, it creates costs, takes time, and perpetuates uncertainty. It is time to let domestic arbitration make its…
…recently announced, WGIII plans to conclude its reform process by 2025. The question that arises is whether this 8-year reform process will meaningfully address the calls for reform. This is…
…Going green cannot be an abstract wish, but must be translated to specific choices throughout the arbitral process. IV. Remote Interactions: Think Before You Travel? The choice of a virtual…
…Venue is a critical consideration in the process of virtual hearings. It is the place that can reflect technical issues and cyber security methods. It also demonstrates the improvement points…
…Arbitral Process The process of drafting the Model Law commenced in the late 1970s. The final text was adopted in 1985 by the General Assembly of the United Nations. At…
…proceedings in national courts which supervise the arbitral process in the seat of the arbitration; and (c) in challenges to the recognition of the award in proceedings in foreign courts…
…and other proceedings at the conclusion of the arbitral process. These aspects of the arbitral process serve to safeguard both the parties’ autonomy, ensuring that parties actually did agree to…
…Law (“Hague Conference”). The Convention was the product of a hasty two-year process (between 2003 and 2005), which sought to produce at least a limited measure of success for the…
…international arbitration. This process, led by a drafting committee composed of eminent arbitration specialists, included a broad consultation of both practitioners and users. This process led to the 2021 Swiss…
…the process, the more efficient and qualitative this process becomes, since it may use a variety of tools: asking the parties’ experts to confer with each other and submit joint…
…answer to perceived weaknesses. This could all precede the involvement of the witness. Following this process, the witness would review, (possibly) amend and sign. Following PD57AC, the process is far…
…allows for easier and efficient collaboration between local and foreign counsel in representation of clients during the dispute resolution process either during negotiations or the arbitration proceedings. More importantly, selecting…
…worldwide suggests that prescribing a specific registration process in the law is not necessary. Major arbitral institutions around the world are attached to chambers of commerce (e.g. ICC, VIAC) or…
…3000-odd investment treaties in existence. UNCITRAL Working Group III is the first multilateral process to holistically examine ISDS and the larger investment regime. Properly managing the process can create a…
It is well-known that confidentiality is a particularly important mechanism for protecting the information and data contained in a process in which disclosure could cause prejudice to the parties. That…
…could be the case if a tribunal would simply adopt the drafts or unduly involve the secretary in the decision-making process. According to the Advocate-General, this high burden of proof…
…of the Code of Conduct for Adjudicators in International Investment Disputes, a key feature of the Investor-State Dispute Settlement (ISDS) reform process which is presently under way at UNCITRAL Working…
…rights are not infringed due to their lack of mastery of the arbitral process. Considering how their actions would be judged in the event of future proceedings to set aside…
…management of large data. AI entails a dynamic process whereby intelligent software aims to identify patterns with a view to learning how to mimic human critical thinking. This evolutionary process…
…Despite this head start, the global process of vaccination is lagging due to multiple logistical, economic and societal obstacles, as the recurring waves of the pandemic continue to rage in…
…are not explicitly contemplated under the CPC for staying a decree. These additional grounds now relate exclusively to arbitral proceedings, suggesting a fundamental distrust in the arbitral process, thereby creating…
…highlight that the USMCA limits the scope of FET and establishes that it only includes the obligation not to deny justice and to act in accordance with due process. It…
…presumption is displaced in favor of the law of the seat. Professor Scherer commented that the solution adopted by the Supreme Court yields a complicated process. This complication arises when…
