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Deep Sea Mining, Dispute Resolution, Dispute Settlement, International arbitration, International tribunals, Investment protection, ITLOS, UNCLOS

Navigating Legal Remedies: Investment Protection before the International Tribunal for the Law of the Sea in case of Inaction by the International Seabed Authority

Christian Tietje, Anna Kirchhoff, Franka Nodewald (Transnational Economic Research Center (TELC), Law School, Martin-Luther-University Halle-Wittenberg)/March 25, 2025March 25, 2025 /Leave a comment

…examine the application. Failure to process the application would be incompatible with the purpose of the standard. The Council must apply “norms contained in [UNCLOS] and the terms and principles…

ITA Arbitration Report

KluwerArbitration ITA Arbitration Report, Volume No. XXIII, Issue No. 3 (March 2025)

Roger Alford (General Editor) (Notre Dame Law School), Crina Baltag (Managing Editor) (Queen Mary University of London), and Monique Sasson/March 22, 2025March 22, 2025 /Leave a comment

…Act but should be stayed as an abuse of process pending the conclusion of the arbitration proceedings, subject to conditions. Chevron Australia Pty Ltd v. CBI Constructors Pty Ltd…

Arbitration, CIArb

The Contents of Arbitration: The International Journal of Arbitration, Mediation and Dispute Management (Ciarb), Volume 91, Issue 1 (2025)

Stacie I. Strong (General Editor International Journal of Arbitration, Mediation and Dispute Management; Emory University), Mercy McBrayer, Mohamed Sadiq (Chartered Institute of Arbitrators), Mary Mitsi (Queen Mary University of London), and Ahmed El Far (Three Crowns)/March 21, 2025March 20, 2025 /Leave a comment

…and complicated documentation may hinder the process. The article also highlights the importance of Sharia-compliant agreements and the engagement of local legal expertise to facilitate the arbitral awards, as well…

Annulment, Chile, Enforcement, International Commercial Arbitration, Latin America

When “Only” Is Not Just Another Word: The Chilean Constitutional Court Upholds the Constitutionality of the Term in Article 34 of Law on International Commercial Arbitration

Elina Mereminskaya (Independent Arbitrator)/March 19, 2025March 15, 2025 /Leave a comment

…preventive constitutional review by the same Court during the legislation process, which determined that Article 34 of Law No. 19,971 is constitutional. Therefore, it would not be appropriate to question…

Arbitration, Arbitrators, CRCICA, Egypt, Institutional Rules, MENA

Time Limits for Issuance of the Final Award Under the 2024 CRCICA Rules: Let the Tribunal Decide

Emad Hussein (Independent Arbitrator)/March 13, 2025March 9, 2025 /Leave a comment

…be impacted by due process paranoia concerns. However, all these due process concerns and risks of challenges equally arise for arbitrators where the institutional rules stipulate time limits for rendering…

ICC, LCIA, QICCA

QICCA’s Arbitration Evolution: Key Changes for Practitioners

Can Eken (Durham University) and Nawal Hend (International Dispute Resolution Lawyer)/March 10, 2025March 8, 2025 /Leave a comment

…after its constitution, considering the case’s circumstances. This approach offers flexibility while providing clarity, ensuring that the arbitration process adapts to the specifics of the dispute. Fees The 2024 Rules…

ACICA, CISG, Vis Moot, Willem C. Vis Moot

Interview with Our Editors: In Conversation with Prof. Dr. Christopher Kee, Co-Director of the Willem C. Vis International Commercial Arbitration Moot

Dina Prokic (Senior Assistant Editor) (Woods LLP)/March 7, 2025March 4, 2025 /Leave a comment

…volunteer not only time but space. Apart from your involvement in academia, you also participated in the UNCITRAL Arbitration Rules revision process from 2007 to their completion in 2010 as…

Enforcement, France, Limitation period, Reform

Statute of Limitations: Is Versailles Undermining France’s Delocalised Approach of Arbitral Awards?

William Brillat Capello (Pinsent Masons)/March 3, 2025May 1, 2025 /1 Comment

…start running because the process of notification by way of diplomatic channel ended in the Ministry of Foreign Affairs, when it was aimed at the Ministry of Justice (Order 14…

Arbitration, Enforcement, New York Convention

SpaceCom v Wateen Telecom: Riding Against the Pro-Enforcement Tide in the Lahore High Court

Ammad Manzur (Advocate of the High Courts, Pakistan)/March 1, 2025March 1, 2025 /Leave a comment

…while ignoring the SC’s guidelines, came at the heavy cost of sacrificing the efficiency of the parties’ chosen dispute resolution process. Conclusion SpaceCom brings to the fore the troubles…

Abuse of Rights, Abusive Claims, Investment Arbitration, Investment Disputes, Investment Treaties, ISDS

What is the Role of the Abuse of Process Doctrine When the Illegitimate Commencement of Investment Arbitration Proceedings is Concerned?

Ksenia Polonskaya, Alexa Hajjar (Carleton University, Department of Law and Legal Studies)/February 28, 2025February 20, 2025 /Leave a comment

…conceptual development of the doctrine of abuse of process in international investment law. First, the tribunal ruled that abuse of process turns claims inadmissible and does not concern jurisdiction (Award,…

Appointment of arbitrators, India

From Bias to Balance: Indian Supreme Court’s Stand on Unilateral Arbitrator Appointments

Anjali Anchayil (JSA, Advocates & Solicitors) and Aiman Singh Kler/February 27, 2025February 25, 2025 /Leave a comment

…in fostering a fair and transparent process in all procedural aspects of arbitration. Conclusion CORE-II strikes a critical balance between party autonomy and procedural fairness and transparency in arbitral…

ISDS, ISDS Reform, Multilateral Investment Court, selection of arbitrators, Working Group III

The Unilateral Appointment of Adjudicators to a Multilateral Investment Court: A Failed Attempt to Enhance the Legitimacy of the System?

Oguzhan Samanci (Humboldt University of Berlin) and Shay Lakhter (S. Horowitz & Co.)/February 24, 2025February 27, 2025 /Leave a comment

…more fundamental question of whether the proposed selection process – i.e. appointment by states only – adequately addresses concerns raised with respect to the “legitimacy” of arbitrators dealing with investment…

ITA Arbitration Report

KluwerArbitration ITA Arbitration Report, Volume No. XXIII, Issue No. 1 (January 2025)

Roger Alford (General Editor) (Notre Dame Law School), Crina Baltag (Managing Editor) (Queen Mary University of London), and Monique Sasson/February 23, 2025February 19, 2025 /Leave a comment

…due process in the arbitration; and (iii) failure to deal with an issue. However, the Court did remit the award to the Tribunal for having failed to deal with an…

Appointment of arbitrators, India

The End of the Unilateral Appointment Saga in India: Party Equality v. Party Autonomy—A Tale of Two Equals

Karan Joseph, Yash Khanna (Shardul Amarchand Mangaldas & Co)/February 22, 2025February 21, 2025 /Leave a comment

…ground that it provided excessive discretion in the appointment process to one party. However, the Court held that there was no embargo to appoint retired employees as arbitrators merely on…

2024 in Review, Canada, Disclosure, Impartiality, State Immunity

2024 in Review: Arbitration in Canada—Are “Impartiality” and “Immunity” the Words of the Year?

Dina Prokic (Senior Assistant Editor) (Woods LLP)/February 19, 2025February 19, 2025 /Leave a comment

…is because, among others, a finding of reasonable apprehension of bias (however it is understood) “undermines the integrity and legitimacy of the adjudicative process” and is “necessarily a major violation…

2024 in Review, AfCFTA, Africa, Arbitral seat

2024 in Review: Africa—Shifting Seats, Key Developments, and Other Trends in Africa

Ibukunoluwa Owa (Assistant Editor for Africa), Titilope Sinmi-Adetona (Assistant Editor for Africa)/February 18, 2025February 18, 2025 /Leave a comment

…impact on the digital economy across the African continent. Notably, the Protocol will enter into force upon completion of the ratification process, with State Parties then having a five-year window…

Yearbook Commercial Arbitration

Available Now: The ICCA Yearbook Commercial Arbitration, Volume XLIX (2024)

Stephan Schill (General Editor, ICCA Publications; Amsterdam Center for International Law, University of Amsterdam)/February 16, 2025February 14, 2025 /Leave a comment

…Hungary, Iran, Monaco, Nigeria, Russia, Ukraine, and, for the first time, Georgia and Nepal. The decisions cover a range of issues, including applicable law, bankruptcy and insolvency, due process, intra-EU…

2024 in Review, India

2024 Year in Review: Arbitration in India – Reset or Rewind?

Shreya Jain (Assistant Editor for South Asia) (Shardul Amarchand Mangaldas ), Mrinali Komandur (Assistant Editor for India) (Faculty of Law, University of Cambridge), and Shweta Kabra (Assistant Editor for India) (International Arbitration Trainee)/February 15, 2025February 15, 2025 /Leave a comment

…either the seat court or the appellate arbitral tribunal. This proposal has raised concerns about undermining the legitimacy of the arbitration process and whether it strikes the right balance between…

Journal of International Arbitration

The Contents of Journal of International Arbitration, Volume 41, Issue 6 (December 2024)

Maxi Scherer (ArbBoutique & Queen Mary University of London)/February 15, 2025February 13, 2025 /Leave a comment

…review process. Indeed, the case law study revealed results far beyond SCCA’s expectations, demonstrating a consistent record of an enforcement rate exceeding 92% in every batch of reviewed judgments. The…

2024 in Review, Arbitration, United States Courts

2024 in Review: Key Arbitration Developments in 2024 in the United States

Paige von Mehren (Assistant Editor for Canada and the United States) (Freshfields US LLP) and Eric Ives (Assistant Editor for Canada and the United States)/February 12, 2025February 25, 2025 /Leave a comment

…obstacles for parties seeking to confirm or challenge an arbitration award, disrupting the streamlined dispute resolution process envisioned by the FAA. The case resolves a question which the Supreme Court…

2024 in Review, ACICA, Arbitration Agreement, Australia, Australian Arbitration Week, Energy, Immunity, Investment Arbitration, Legislative amendment, Liability, New Zealand, Pacific Islands, Party autonomy, PCA, Public Policy, Standard of Proof

2024 Year in Review: Australia, New Zealand and the Pacific Islands

Emma Garrett (Senior Assistant Editor), Ashley Chandler (Assistant Editor for Australia, New Zealand and the Pacific Islands), Joshua Wong (Assistant Editor for Australia, New Zealand and the Pacific Islands) and Wen Fi Chen (Assistant Editor for Australia, New Zealand and the Pacific Islands) (Munro Leys)/February 10, 2025February 7, 2025 /Leave a comment

…in the process. Turning to state courts, in Icon Si (Aust) Pty Ltd v Australian Nuclear Science and Technology Organisation [2024] NSWSC 324, the Supreme Court of New South Wales…

Denial of Benefits, ECT Modernisation, ECT Withdrawal, Energy, Energy Charter Treaty, Energy Dispute, EU Law, European Commission, European Law, Intra-EU Investment Arbitration, Intra-EU ISDS, Investment, Investment agreements, Investment Arbitration, Investment Disputes, Investment law, Investment protection, Investor-State arbitration, ISDS, modernisation process

2024 in Review: Renewed Momentum and Key Developments for the Energy Charter Treaty

Giovanni Dall'Agnola (Assistant Editor for Investment Arbitration) (Geneva Graduate Institute)/February 9, 2025February 6, 2025 /Leave a comment

…withdrawal process, the rules governing the ECT’s amendment, the UK’s role in the modernisation process, its continuing obligations under the ECT, and the consequences of withdrawal for investment protection. Interestingly,…

Anti-arbitration Injunction, SchiedsVZ

Dealing with Anti-Arbitration Injunctions in International Commercial Arbitration

Sebastian Wuschka, Nele Wachholz (Luther Rechtsanwaltsgesellschaft mbH)/February 8, 2025February 9, 2025 /Leave a comment

…ensure due process and mitigate any allegations of unfair treatment. The non-Russian parties to the arbitration will need to protect themselves as best as they can against the potential follow-on…

Australia, Bifurcation of proceedings, Challenge of Arbitral Award, Competence-Competence, Interim Award, Jurisdiction of the arbitral tribunal

Bifurcators Beware: Australia’s Highest Court Dismisses Appeal Against Decision to Set Aside Interim Award

Oliver Cook (Level Twenty Seven Chambers) and Ashley Chandler (Assistant Editor for Australia, New Zealand and the Pacific Islands)/February 7, 2025February 5, 2025 /Leave a comment

ACICA 45

…process and the policy of minimal curial intervention. While recognising the principle of kompetenz-kompetenz and the general proposition that courts are circumspect in considering whether a tribunal has exceeded its…

Kluwer Arbitration Blog

Search Results for: due process paranoia