…arbitration process will understand that these are only apparent difficulties which can be overcome. Optimising the proceedings: Michael Mcilwrath looked into new ways to optimise the international arbitration process, with…
…excluding a co-arbitrator in fact from the deliberations and general decision-making process, thereby also preventing her/him from influencing the decision-making of the other arbitrators, infringes the procedural ordre public, i.e….
…as it remains inoperative. The first official step towards MPIA dates back to May 2019, when the EU circulated a draft text for an interim appeal arbitration process. In July…
…broader concerns over “due process” and interference in ongoing proceedings in the Declaration signed by Finland and Sweden (see p. 3). Overall, the Termination Agreement clearly goes further than the…
…for corporate restructuring (including the abuse of process). In practice, tribunals distinguish between original investment structuring and subsequent restructuring. Where the claim is brought by the original investor, tribunals tend…
…parties in the arbitral process, not bound by the arbitration clause. The role of the Tribunal in obtaining and assessing the evidence regarding the corruption allegation and the applicable…
…as part of the ongoing Rules and Regulations Amendment Process of the ICSID, the Third Working Paper on Proposals for the ICSID Arbitration Rules Amendment did contain a proposal to…
…an applicant for preliminary discovery should pay the costs of the producing party unless the producing party has acted unreasonably. The costs of the discovery process can be significant and…
…new development within the field to assist with disputes relating to human rights and their violations. Following a process of draft reports and public consultations, the final version of the…
…between ad hoc and institutional arbitration and clarifies that ad hoc is the default process in case the parties failed to choose an institutional arbitration. The Decree changes this principle…
…the editing process, because it gives me an opportunity to work with each author to assist them to achieve their vision for their post, including the chance to work with…
…of working extensively on the drafting of the Code as a Scholar in Residence at ICSID, and I think this is an important development in the ISDS reform process.1)The views…
…or technical, and should not interfere with the decision-making process which is to be conducted by the tribunal. Conclusion As Chinese arbitration institutions, such as the SHIAC, are increasingly…
…2018, Slovenia brought an action before the CJEU. In support of its action, firstly, Slovenia claimed that by breaching its unilateral commitment undertaken during the EU accession process to adhere…
…in the general sense – and not only foreign capital – may be regarded as a protected investment. Interpreting Article 1(6) ECT is a delicate process. On the one hand,…
…the procedural order deals with issues in four sections related to: technical issues, specifications, requirements and support staff; confidentiality, privacy and security; online etiquette and due process considerations; and presentation…
…arbitrators during the arbitral process. The protection against civil liability may also be expressed through other provisions. Article 40 of the ICC Rules, Article 32 of the UNCITRAL Rules, Article…
…the process of contractual interpretation and the implication of terms in fact: interpretation involves ascertaining the meaning of contractual expressions, whereas implication involves filling a contractual gap with a term…
…Badajoz v. Spain and Cube Infrastructure v. Spain, the tribunals indicated that there was no requirement to conduct a formal due diligence process, such that this process was not considered…
…in my earlier blog post, after the so-called Arab Spring, several investors filed various meritless claims. Today, the risk continues that investors may misuse the process and time limits of…
…disclosed in the discovery process as responsive to a specific Redfern document request from Respondent, it saw no issue admitting the document in the record. Accordingly, the Court declined to…
…incidentally that this intensive redaction process will be handled the tribunals, which in some cases are already overburdened. Second, the LPJ contains a number of provisions related to the online…
…in how to design a dispute resolution process. Greg explains that what we can learn from this example is that ADR has a variety of processes to offer and that…
…However, when a State provides a process to determine adequate compensation, but then fails to promptly determine and pay such compensation, a breach may occur later than the time of…
