…the ISDS system, tackling two of its most widely criticized issues. A Shift Towards a Critical Stage in the ISDS Reform Process Ms. Joubin Bret indicated that consensus has…
…alternative view that may assist with the process, rather than stand in the way. Additionally, the TPF agreement structure is crafted to allocate roles of the funder, counsel, and the…
…agree that there are important ethical questions to be addressed in order to ensure that any technology or process applied in dispute resolution is fair and unbiased. We also agree…
…effective include (1) considering relevant information relating to the facts and law, (2) analyzing that information, and (3) not bringing biases (or adjusting for those biases) into the process. The…
…a financial perspective, because less time is consumed in the process? Too many questions? Wrong questions? Good! Don’t walk the path with your eyes wide shut. Ask your own questions….
…the modernisation of the ECT Strictly speaking, Belgium’s request does not concern the current version of the ECT, but the future version of the treaty whose modernisation process was initiated…
…RCEP DSM is not applicable to disputes relating to pre-establishment rights, namely those disputes relating to admission or approval of foreign investment during the screening process applied by the Parties….
…through two specific mandates: (1) finding better ways to settle arbitration, observing the trends of settlement in arbitration and assessing what features of the arbitral process may facilitate settlement and…
… Combinations and Permutations: Creating a Solution-Driven Dispute Resolution Process The conference opened with a roundtable discussion on the effectiveness of so-called “mixed modes” of dispute resolution. The panel was…
…upon profile and then narrow the list down from there, noting that it can be an intense process. For the panelists, the highly recognized arbitrator was not always important, as…
…exert a greater degree of control over key features of the dispute resolution process.” Perhaps most importantly, legal analytics in international arbitration can provide meaningful insights about individual arbitrators’ track…
…arbitrations (unless the parties have agreed otherwise) and the fact that consent to disclosure by an arbitrator in the disclosure process of certain limited details concerning an arbitration may be…
…due process. A clear distinction can be observed between voluntary and compulsory arbitration in the ECtHR’s caselaw, which is illustrated below through analysis of an example of voluntary arbitration in…
…tendency has driven Indian courts to further devise new tools for interfering with the arbitral process. One such tool is the opinion of the dissenting arbitrator(s). The ‘minority awards’, which…
…Moreover, SIAC created a practical checklist for users to help them assess their circumstances. The pandemic has also affected the preference of users and institutions in the arbitrator selection process….
For a long time, the word ‘environment’ occurred in the realm of arbitration only when disputes between parties had some connection to it. Lately, however, there has been a shift…
…of the arbitration process is undermined and the users are dissatisfied with the entire process that in turn engenders a reluctance to arbitrate disputes in the future. A common complaint…
…stage of the arbitral process. The HIAC, like the China International Economic and Trade Arbitration Commission (CIETAC) and the Beijing Arbitration Commission (BAC), permits the use of Med-Arb during proceedings…
…for purposes of enforcing a foreign arbitral award, as courts have recognized that personal jurisdiction stems from due process rights of the parties itself, rather than Article III powers of…
…As a reference, the IBA Guidelines, although aimed at lawyers and legal firms, contains several recommendations which are worth considering by all stakeholders in the arbitral process. They include the…
…information on the role, requirements and recruitment process can be found on the Department for International Trade .GOV webpages here. Applications should be submitted by 11:59pm on 6 December 2020….
…in abuse of process as the matter which is supposed to be resolved through arbitration is unnecessarily dragged to the court. On the contrary, in Aroma Travel Services (Pvt.) Ltd….
…fairness and ensuring that parties do not indulge in speculative litigation. The standard would also assist in reducing due process paranoia, i.e., “a perceived reluctance by arbitral tribunals to act…
…as a complex process, with increasing situations of multi-party, multi-contract, and multi-issue, as projects are becoming more and more complex and arbitration a preferred dispute resolution mechanism; theories considered by…
