…sphere. Climate change in commercial arbitration The inherent flexibility and internationalism of the arbitral process makes commercial arbitration an ideal dispute resolution method for climate change and environment-related disputes,…
…and to see it grow over time. How, if at all, have your views about the role of an arbitral institution in the arbitration process evolved over the years? The…
International arbitration (IA) maintains its popularity as business’ premier choice of dispute resolution in the 21st century. This does not mean that the process is free from criticism which raises…
…no jurisdiction over the applicant, or that the arbitral proceedings are an abuse of process since the disputes have already been resolved between the parties. Much more uncommon though, is…
…Interim Relief: Parties’ Rights and Guarantees of Due Process Interim relief is instrumental to adjudicatory bodies’ power to decide the merits of a dispute. Interim relief avoids that the legal…
…Ltd. Hudig & Veder Chartering NV [1972] 1 All ER 451. Parties inevitably would feel obliged to dwell on each factor with lengthy arguments. The resolution process could get very…
…Scholars and arbitration practitioners have been speculating on how artificial intelligence might be used in arbitral proceedings and the potential impact it might have on the arbitral process from an…
…Dutch court; in this case to ensure there was a valid arbitration agreement, proper composition of the tribunal, and compliance with due process. All the while the WG-III’s envisions reforms…
…the Protocol on Cybersecurity in International Arbitration prepared jointly by ICCA, the NYC Bar Association and CPR. Launched in late 2019, the Protocol provides the principles and process for establishing…
…the number of extensions or their duration. The reference in the JCPOA to good faith efforts in carrying out the dispute resolution process comes handy to limit potential abuse. If…
…2020, and Frauke sets out the next steps in the process. In Kindergarten and conflict – Pre-school leadership in conflict resolution, Rosemary Howell identifies a number of specialised conflict…
…award after the entire process of arbitration is done renders the exercise pretty much futile. In fact, the automatic stay provision is often used by the award debtors to skirt…
…same incident concerning which the decision of the arbitrators was issued.”), there being no need for the more cumbersome enforcement process via the Dubai onshore courts or even the DIFCCFI….
…event, the concern for asymmetry should not be resolved by opposing investor access to an international dispute settlement forum, or by not supporting the present UNCITRAL reform process for ISDS….
…AI, or will AI enhance the arbitral process? Despite the topicality of the subject, the arbitration rules remain silent about AI. However, there is also no express provision regarding the…
…autonomy of the arbitral process and notably the freedom of this process from undue judicial interference. While courts are indispensable in the success equation of the arbitral process, too much…
…to some parties concerned. To overcome this, the experts and the counsel should familiarize themselves with the process. Besides, counsel should describe the hot tubbing process to the expert, so…
…this Article captures the legislator’s intent to treat consolidation as a purely administrative process. It requires no consent from the parties, and the court enjoys almost unfettered discretion to determine…
…of the European Convention on Human Rights (‘ECHR’), had been violated. This decision led to a change in the provisions of the CAS Code, which regulates the arbitration process in…
…procedure. The changes, in effect, mean that the previous compulsory arbitration procedure was replaced by a special adjudicatory process, which, although still binding on the domain applicant, now merely serves…
…new examination after the parties exchange full pleadings, the application of the manifestly illegal exception in this case promotes confidence that arbitration proceedings cannot be used to circumvent due process….
…facilitate the arbitral process and not to displace it. The approach, in the context of s.11, must be not to encroach on the procedural powers of the arbitrators but to…
…the last 25 years. Background With the fall of communism in 1989-90 in Hungary, the country started its European integration process in the early 1990s. The termination of the…
…follows iura novit curia. However, the same arbitral award may be denied enforcement by the courts where enforcement is sought due to violation of due process, i.e. not providing an…
