Search Results for: due process paranoia

ADR, Arbitration Industry, Arbitration institution, Arbitration Institutions and Rules, Belt Road Initiative, Case Management, China, CIETAC, Conciliation, Domain Names, Hong Kong, Interim measures, Interviews with Our Editors, Jurisdictional challenge, Macau, Mediation, Taiwan, Tribunal Secretary

(Peter & Kim)/ /Leave a comment
CIETAC Hong Kong Arbitration Center

…2020. We are also considering initiating the revision process of the CIETAC Rules to respond to the latest developments in the past years and to meet the demands of the…

COVID-19, International Investment Arbitration, Investment law, Investment protection, Investor, Investor-State arbitration

, (Quinn Emanuel Urquhart & Sullivan, LLP)/ /2 Comments

…substantive standards in investment treaty arbitrations, and encompasses both procedural and substantive elements. Procedurally, fair and equitable treatment requires a State to afford due process to investments. One tribunal has…

Arbitration, Arbitration Act, Arbitration Institutions and Rules, Confidentiality, Due process, KCAB, South Korea, Technology, Videoconferencing

and (KCAB Next)/ /Leave a comment

…potential issues with videoconferencing and to address them effectively by, for example, making necessary preparations in advance. We discuss three such issues below.   Due Process and Videoconferencing The following…

COVID-19, MENA, Middle East, Moot Courts, Videoconferencing, Vis Moot, Willem C. Vis Moot

(Bahrain Chamber for Dispute Resolution), (Commercial Law Development Program of the US Department of Commerce), and (CILE; Reed Smith LLP)/ /Leave a comment

…certain countries, schedules had to be constantly amended and communicated to participants to accommodate teams; thus, we had to ensure that a smooth communication process with teams was well thought…

Armesto Schedule, Document Production, Efficiency, IBA Rules of Evidence, Procedural Fairness, Redfern Schedule

, (Armesto & Asociados)/ /1 Comment

…the arbitral community’s attempt to find a middle-ground. This set of rules is intended to provide an efficient, economical and fair process for the taking of evidence, particularly between parties…

Arbitration, Arbitration Institutions and Rules, BIT, Counterclaims, Enforcement, Investment Arbitration, Reform, UNCITRAL WG III Series

(Macchi di Cellere Gangemi)/ /Leave a comment

…III reform process, click here. References[+] References ↑1 For instance, such innovation is under discussion among Italian competent authorities within the currently pending process of reviewing the Italian BIT model….

Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, BIT, Frivolous Claims, Investment Arbitration, Reform, Security for Costs, UNCITRAL WG III Series, Working Group III

, (Roschier Attorneys, Ltd.)/ /Leave a comment

…ISDS to increase the available remedies against investor-induced frivolous measures. Security for costs has, in many instances, including in the UNCITRAL reform process, been discussed as a mechanism that can…

Appellate Court, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, BIT, Investment Arbitration, Reform, UNCITRAL WG III Series, Working Group III

(Albright StoneBridge Group)/ /1 Comment

…statement of interpretation, rendered in the middle of the dispute, made by Canada, US and Mexico about a question of law. If due process and fairness are to continue to…

Appointment of arbitrators, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, BIT, Investment Arbitration, Reform, UNCITRAL WG III Series, Working Group III

(The Chinese University of Hong Kong)/ /2 Comments

…of the tribunal, potentially (re)politicizing investment disputes. The reality is that it is extremely difficult to dispel the appearance of politicization of the process when states are the only source…

Court Assistance, Emergency Measure, ICC Arbitration Day, Interim Order, Turkey

( Işık & Partners Law Firm) and , (Erdem & Erdem)/ /Leave a comment

…order would only weight as evidence during this judicial process. Judge Boztaş defended his position by highlighting the principle of the courts’ independent decision-making. He suggested that the legislator had…

Arbitral Tribunal, Arbitration, Arbitration institution, Arbitration Institutions and Rules, ICSID, ICSID Amendments, ICSID Arbitration, ICSID Procedure, ICSID Proceedings, International Investment Arbitration, Investment Arbitration, ISDS, ISDS Reform, Reform

(Durham Law School) and (Australian National University)/ /Leave a comment

…process has also encompassed a series of consultations conducted by ICSID with States and other stakeholders about proposed and possible amendments. Naturally, the consultation process has yielded numerous proposals and…

Arbitrator Bias, Arbitrators, Austria, Impartiality, Independence and Impartiality, Public Policy, Revision of Award, Set aside an arbitral award, Switzerland

(ARP Attorneys)/ /Leave a comment

…judges (such as accepting to act as arbitrators) does not lead to a deficiency in the arbitral process and therefore does not constitute a ground for setting aside the award;…

Georgia, Impartiality, Independence, Independence and Impartiality, Institutional Arbitration, Institutional Rules, Interim measures, Unconscious Bias

(Singapore International Dispute Resolution Academy)/ /Leave a comment

…the process. As the majority of arbitration cases handled by arbitral institutions in Georgia are related to consumer loans between financial institutions and individuals,9) Report, at p. 11. the party…