…can improve the quality of the proceedings and the level of trust and reliance in the process. Finally, Mr. Haugeneder concluded that remote hearings are here to stay but that…
…hybrid process like Arb-Med-Arb. Similarities and differences between the New York Convention and the Singapore Convention on Mediation will be discussed and used to consider how Asian jurisdictions may respond…
…Defranchi, Abuse of Document Production in International Arbitration: Remedies When the Adverse Inference Falls Short This article focuses on the Document Production process. The orthodox arbitral rules and soft law…
…dispute resolution. Framing the Right to Due Process in the Face of an Application to Compel Arbitration Early in her career with the Supreme Court, Justice Ginsburg wrote the…
…attack labor, health, and environmental policies through the Investor-State Dispute Settlement (ISDS) process and I oppose the inclusion of such provisions in future trade agreements.”11)Joe Biden, Responses to United Steel…
…number of tensions exist between insolvency proceedings and arbitration – arbitrations are often conducted behind closed doors (the private process being a product of the underlying principle of party autonomy),…
…Agreement, called upon the EC and Member States ‘to start a process with the aim to ensure complete, strong and effective protection of investments within the EU and adequate instruments…
…Therefore, despite the current need of moving towards remote process, the traditional practice of signing awards in wet ink may still be, in some cases, a reasonable precaution to reduce…
…because of that device. Witness conferencing: background and policy developments Witness conferencing is a process for taking evidence where two or more witnesses give evidence concurrently, essentially together at the…
…to the process of arbitration that the parties have agreed to undertake, and, if this involves a preliminary step that the parties have agreed, to complete that step.’ This interpretation…
…robust affirmation of the primacy of the arbitral process. The key takeaway here is, thus, clear: while parties are certainly free to turn to courts without asking the tribunal for…
…However, this year, an International Open Letter on Space Mining was penned to the United Nations criticising such unilateral approaches. Instead, the letter advocates for a multilateral process for governing…
On 15 October 2020, Corrs Chambers Westgarth hosted a panel on ‘Diversity in Arbitral Proceedings – Opportunities and Challenges in the Wake of Remote Work and Virtual Hearings’ as part…
…perfect is the enemy of the good”. Litigation is, and always has been, a “labour intensive process” carried out by skilled adversaries striving mightily; costs are inevitable. Perhaps, then, the…
…public hearings, as stated by the European Court of Human Rights (ECtHR), is to inculcate greater trust in the independence and fairness of the decision-making process. Despite this, the recent…
…from re-drafting the treaty. Second, it acknowledges the need to avoid plain term-comparison, and requires the parties and arbitrators to analyze other factors that may have influenced the treaty-drafting process….
…infringement and the acquisition process in dispute, or the act of which the defendant is accused. The Court further argued that the plaintiff should not be able to avoid the…
…due process (Case No. 18 ONc 3/20s). To the authors’ knowledge, this decision, rendered in the context of the COVID-19 pandemic, is the first national supreme court’s decision worldwide addressing…
…confidence is the most important, and the right to challenge is essential to the overall process. With that foundation in mind, such a right would be meaningless if it could…
…arbitration. The idea is not to see how close the arbitral process can be to national court litigation or see how clever counsel can tie knots around the arbitral process,…
…tender process. These are the type of schemes envisaged by the Basel Institute. However, bribery can also manifest itself more indirectly. For example, a company can provide goods or services…
…this stage). The approach of the Supreme Court is sensible, as it gives prevalence to the intention and choice of the parties, in a process of contractual interpretation. On the…
…insolvency proceedings or business rehabilitation process? Should the creditor submit a debt repayment application in the insolvency process while the arbitral proceedings are ongoing? Would the arbitral award be enforceable…
…the “Legal Compliance Process”, that applies to exhibitors suspected of illicit activities. Marion PARIS and Anne Laure BANDLE explore whether this disciplinary procedure could be supplemented or even replaced by…
