…days c. approximately 800 days The correct answer is (b), approximately 600 days. Mike: No one who has participated in the appointing process or negotiated schedules for a hearing will…
…recently with Chiann Bao, a fellow international arbitrator, she commented: “The majority of the arbitral process is asynchronous already and by extension why should hearings not also be conducted sequentially?…
…an affiliate of one of the parties amounted to lack of impartiality, (ii) the other party was denied due process due to the lack of disclosure, and (iii) there was…
…legal provision. The Egyptian Arbitration Law (EAL) No. 27/1994 governs the arbitration process in Egypt. The legal provisions therein create obligations of sharing personal data and other related information for…
…parties often resort to arm-twisting mechanisms to frustrate the entire adjudicatory process by misusing the gaps in the legislative schemes of different countries. Insolvency v. International Arbitration: A ‘nuclear…
…and ensure due process. Further, a virtual hearing being the only show in town is, by definition, more effective than an alternative which is impossible. In closing, arbitration has always…
…provide any guidance on the applicable due process or the rule of law criteria. Overcoming Due Process Paranoia Circling back to the Chief Justice Menon’s point on finding solutions,…
…how could mediation best complement arbitration? Should arbitrators and counsel use mediation more? How can we benefit from both mechanisms while avoiding any due process challenges? Is it a myth…
…potential concern for due process violations. References[+] References ↑1 See Berger, General Principles of Law in International Commercial Arbitration: How to Find Them – How to Apply Them, 5 World…
…strategy. In October 2019, the UK Government issued a Response, indicating certain policy preferences. It affirmed, inter alia, that investor-State dispute settlement provides an impartial process for resolving disputes. The…
…the proposition that, if there is a material application for a correction under section 57 of the Act, or an agreed process to the same effect such as Article 27…
…contractus. Nevertheless, this new provision would lead to more certainty for everyone involved, and it is another step in the process of creating a more balanced arbitral system. The…
…resolution process. This multilevel approach to arbitration makes me feel that I am practicing a field of law which is constantly evolving and redefining itself. Theresa: I second Mary’s views…
…the world. Due process and equality of arms The panellists opened the debate with observations that virtual hearings have amplified parties’ tendencies to bring due process claims under Article…
…is used, the process would still require a power of attorney from the arbitrators that have to undergo a verification and legalisation process in the arbitrators’ respective country of residence;…
The revision process of Chapter 12 of the Swiss Private International Law Act (PILA), governing international arbitration in Switzerland, was initiated in 2008 through a parliamentary motion. It led to…
…draft agreement, “The texts are published for information purposes only and may undergo further modifications including as a result of the process of legal revision. The texts are still under…
…process and time limits of court procedure in the same way. There is a general consensus that there is likely to be an increase in international arbitration disputes in the…
…This serves as a reminder of the importance of observing due process and allowing parties the opportunity to make full submissions on each aspect of the case. It also underlines…
…2013, the original tribunal held that Guatemala breached its fair and equitable treatment obligation on the basis that the CNEE applied an arbitrary tariff review process in breach of due…
International arbitration is on the rise in South Africa. This is partly a result of the country’s new arbitration law, which was passed in 2017, but now the process has…
…dismissal of claims and defences since 2016 (SIAC Rules, Rule 29). However, unlike the SIAC Rules (which set out the process for making an application for early dismissal and a…
…and due process, ensuring parties are still able to fully present their cases when warranted. References[+] References ↑1 See Edna Sussman, The Arbitrator Survey—Practices, Preferences and Changes on the Horizon,…
…by a court-approved translation agency. It is important that these time and costs factors be considered well in advance of the application to avoid delay as this process often takes…
