…This post next considers the potential alignment of the ICSID and UNCITRAL transparency frameworks in light of ICSID’s ongoing amendment process, culminating in a discussion of the positive effects of…
…deals signed afterwards, since parties will be more aware of the issues relating to the pandemic in the drafting process. MAE clauses Typically, such clauses are found in acquisition…
…technology-related issues, including use of Artificial Intelligence and Natural Language Processing, cybersecurity (and from an institutional perspective), electronic document management software, blockchain technology, Robotic Process Automation, Online Dispute Resolution and…
…space technologies, which have far outpaced the speed of legislative innovation. Finally, the panel considered what the ideal dispute resolution process should look like given the outdated international legal regime…
…of hindering the arbitration process. References[+] References ↑1 Article 58(2) of the Civil Procedures Law (“CPL”) requires special authority to arbitrate a right. Article 203(4) of the CPL which has…
…notices. With the right clause, it could be ensured that all the affected parties agree to the effects of a multi-party process. The draft proposal will be discussed in more…
The role of party-appointed experts in the arbitration process has been the subject of debate for many years. This debate is set to continue, given the increasing volume of cross-border…
…what prompted the modernisation process, what is the scope of the discussions, and where we are now in the process. In January 2017, representatives of industry, academia, governments, UNCTAD and…
…process information in electronic databases. This information may not be contained in “documents”, but in databases from which information can easily be retrieved by searching for criteria such as names…
…the cyber-risk faced in an arbitration; routine checks up shall also be made throughout the entire process and even at the concluding phase. Fast intervention Time is of the essence….
…out of 84). At the same time, the government abolished an FDI approval process with the Foreign Investment Promotion Board (which has been met with both approval and disapproval) and…
…sit within the Competition and Consumer Act 2010 (Cth)). It is this notice that effectively compels the digital platform corporation to use the arbitration process. Constitution of the arbitral…
…contractors, but may not be familiar with the public procurement process. This is an important market segment, especially given the massive economic opportunities inherent among public contracts. Indeed, the World…
…rather than a “full opportunity” to present their case in order to avoid so-called due process paranoia during the arbitration proceedings. Representation in Arbitration Article 38 of the ICA Law…
…modernisation process being concluded this year – preferably by the COP26 Summit scheduled in November – or will otherwise fall apart. This post offers an early look at the consequences…
…a “majority decision” and it is practice for the ICC International Court of Arbitration (ICC Court) to receive a copy of the dissenting opinion during the scrutiny process. If the…
…and views twice in the process of arbitration. The fixed remuneration scheme for arbitrators is adopted in principle, where the remuneration is calculated based on the amount of the claims….
…factors showed an ‘intentional and unequivocal choice by the defendant not to insist on its purported right to arbitrate and instead accept the curial process’, thus constituting ‘a strong case…
…members, the adoption of a code of conduct, and the establishment of an appellate mechanism (discussed in a series of posts on this reform process). While the week did not…
…to focus on the case management conference and think about the process, and the prospect of being able to draft the award in a short period of time. Nonetheless, this…
…both instances. However, obtaining their first appointments were not free of obstacles, as the majority of speakers encountered a number of challenges that would delay the process. Conflicts of interest…
…to create a decentralized arbitration process that relies on crowdsourced adjudicatory expertise. Very reductively speaking, the Kleros process assigns jurors to cases (the jurors sign up online and are remunerated…
…notion that the process is binding. Certainly in the United Arab Emirates and the Kingdom of Saudi Arabia, respondents tend to treat the payment of the Advance as the claimant’s…
…example, failure of the domestic courts or administrative agencies to provide basic due process for a foreign claimant’s “claims for money and property” under international standards. (Boyd, K.L., Watson, T.,…
