…due process is affected. Nonetheless, it requires arbitral tribunals to move forward with a hearing, where the intervention of the tribunal is urgently required and when the parties request so….
…uncomfortable position: at the heavily contested border between state sovereignty and the tribunal’s duty to safeguard the arbitration process. The latest decisions indicate that tribunals are prepared to step in…
…proposed to strengthen “national mediation and dispute prevention bodies,” which “should be involved throughout the [entire] process (from the conclusion of the investment agreement to the systematic monitoring of investment…
…how mediation, as an alternative process, would fare with each of these issues. A perceived propensity to solve disputes amicably ICSID statistics reveal that arbitration cases that involve African…
…the investor-State dispute lifecycle. For example, during the pre-arbitration negotiation and consultation process (e.g. Art. 23.1, Australia-Hong Kong Investment Agreement (2019), Art. 9.16, Central America-Republic of Korea FTA (2018), and…
…Institutionalisation would introduce a degree of internal monitoring and transparency in a process that is often conducted under complete confidentiality. This could help facilitate settlements by reducing the chances of…
…this post, I explore one potential problem associated with a move to the settlement of investor-State disputes via mediation: the confidentiality of mediation as a dispute settlement process. The…
…such awards may be enforced through the New York Convention or the International Centre for the Settlement of Investment Disputes (ICSID) enforcement process. Absent the Singapore Convention, it is likely…
…arbitration’s perceived deficiencies. Investor-State mediation, in particular, is gaining increased prominence in reform agendas. ‘Mediation’ refers to a dispute settlement process in which a third party assists the disputing parties…
…Ukraine still has a higher legal force than the international treaties of Ukraine. Consequently, if an ICSID Award or the process of its issuance contradicts the constitutional rules one way…
…Using AI tools in adjudication risks violation of due process rights and public policy of the seat. Thus, AI’s use in adjudication process should be very limited. It can be…
…may expend additional monies and time by failing to meet the pre-conditions. Further, the process of mandatory pre-conditions may delay the resolution process rather than promote negotiation or mediation as…
…to determine and ensure the encryption of sensitive data. Collecting and storing of information “Asset management” is another important standard in the process of collecting and storing all sorts of…
…of justice. However, no law or regulation explicitly deals with the registration process for foreign arbitration institutions. It seemed that only Chinese arbitration commissions are entitled to administer arbitrations with…
…of an arbitration agreement, the due process standard applicable in cross-examination, and the procedural error of rendering an award without considering all the arguments raised by a party. The court…
…in argument with each other. In exercising this authority, the arbitral tribunal should keep in mind principles of impartiality and due process and avoid showing favoritism toward a party or…
…times better characterized by what you didn’t include in the record as opposed to what you did include. The dual prongs of due process paranoia and advocate insecurity may be…
…of them without succumbing to due process paranoia, is valid also in this context. However, it can be questioned whether the cure of due process paranoia exposes to risks that…
…less time-consuming and costly process. The following summarizes the key tools aimed at reducing time and costs. Sole arbitrator (draft provision 7) The EAPs presume that there will be a…
…of) due process and fairness. In recent years, due process and its paranoia have taken a central stage, of particular curiosity when combined with expedited anything (A/CN.9/WG.II/WP.214, para. 93). Most…
…less complicated and lower-value disputes with a “fast-track” procedure. This provides greater efficiency and lower costs, while ensuring due process, fairness and effectiveness. Introducing expedited provisions to parties who chose…
…expedited arbitration provisions. ICSID Arbitration Rules and UNCITRAL Arbitration Rules, the main arbitration rules currently used for investment arbitration proceedings, are in the process of approving their first sets of…
…posts discussing some of the key issues under consideration by the WG II. This post sets out the background of the WG II process to date and introduces the topics…
…arbitration in the top-level policy-making process for China’s alternative dispute resolution system. This system is viewed as important support for China to build its business environment in line with the…
