…risks and challenges that arbitration may face in the future, focusing on arbitral reform, transparency and confidentiality, and regulatory and compliance. Sir Bernard Eder, International Arbitrator and Mediator, 24 Lincoln’s…
…as the case management conference, which enables the tribunal to address the case more efficiently, as well as a mandatory declaration of availability for arbitrators; aim to create greater transparency,…
…concerns perceived to require reform: 1) the lack of independence and impartiality of investment arbitrators, 2) the adequacy, effectiveness and transparency of the disclosure and challenge mechanisms, 3) the lack…
Corruption is a sensitive issue for international merchants. According to the Transparency International’s report “Exporting Corruption”, enforcement against foreign bribery has dropped to its lowest level since it first began…
…discussing the new ICSID rules issued in 2022 and noted that ICSID hopes the new rules will bring greater transparency to proceedings. She also discussed several specifics of the new…
…joinder of additional parties and the timing of the request for joinder. More Transparency With the purpose of promoting transparency, the 2022 Rules require the parties to promptly disclose…
…funds, etc). Focus on procedural fairness (e.g., increased transparency, amicus curiae, etc.). Elevate a discussion on indigenous groups adversely affected by foreign direct investment. Does this mean that international…
…the funded party against predatory conducts through which funders might pursue their interests at the expense of their clients, including lack of transparency, excessive control over the management of the…
…rule on the procedure available to dispose of meritless claims; rules that enhance the transparency of ICSID orders, decisions, and awards; rules creating and tightening deadlines at various stages of…
…with an overarching goal of increasing transparency in the conduct and outcome of proceedings. In an interview on the Blog, the Secretary General of ICSID, Meg Kinnear, highlighted how the…
…improve efficiency in ISDS and rules to increase transparency and accountability of ISDS actors. These changes are especially important for Latin America, as it represents a large portion of the…
…or guidelines, with many advocating that full transparency in respect to third party funders is generally to be desired. Case Law Update An update on Swedish and Nordic case…
…engagement and forging long-lasting connections, Transparency to improve transparency in the dispute prevention and resolution process, enabling the democratisation of information, consistency and a greater understanding and trust in the…
…legal uncertainty. In addition, the lack of transparency can easily lead to a diverging practice in relation to the day-to-day application of fee reductions, which can undermine the integrity of…
…ISDS mechanisms to enhance transparency, consistency and ensure adequate scope to allow the Government to regulate in the public interest”. The renewed anti-ISDS stance has already generated commentary from the…
…large divergences in the rankings of different providers, and a lack of transparency about the data used to arrive at ratings. ESG auditing is likely to become a significant area…
…of the MIIR (transparency, efficiency and sustainable development), (ii) modes of ISDS that may be selected by parties to the MIIR, (iii) governance of and amendments to the MIIR, and…
…may be of assistance include transparency, amicus curiae participation in the proceedings and recognising the use of counterclaims. Prof. Chang-Fa Lo (Permanent Representative of Taiwan, World Trade Organization) presented on…
…affiliated with ICSID – effectively creating a new regime for disputes administered by ICSID, new provisions aimed at reducing time and cost, and provisions on transparency and conflict of interest,…
…for stakeholders. In this blog post, we discuss the major changes the panellists touched upon, such as: greater transparency; enhanced efficiency; the tribunal’s express powers to order security for costs;…
…with the laws of the home state. Similar to ISDS reform discussions in other fora, transparency, security for costs, third party funding, damages and frivolous claims were the main topics…
…I think it has changed for the better because there is more transparency around the arbitration process. Arbitrators and parties are more concerned with introducing efficiencies in the way in…
…Press: Drawing the Line Between Confidentiality and Transparency”, swimming against the ’pro-transparency tide’, Anke Sessler and Paula Hodges advocated for confidentiality as a positive feature to be retained in international…
…Measuring Diversity in the ADR Field: Some Observations and Challenges Regarding Transparency, Metrics and Empirical Research, 19 PEPP. DISP. RESOL. L.J. 201, 203–04 (2019), for a discussion on defining diversity…
