… Amendments to the Thai Arbitration Act – Arbitrators and Representatives Allowed to Work in Thailand Previously, foreign arbitrators were required to undergo an onerous process to obtain a work…
…quality and amount of data available for mathematical analysis. Algorithms must be “trained” by data, and in this process, algorithms and models adapt substantially. It is the amount and the…
…30 May 2019 and the launch of its operational phase on 7 July 2019. The conclusion of the AfCFTA Agreement is one of the six steps in the process of…
…codifies best arbitration practice and procedure. That said, it retains some of the procedural idiosyncrasies that made the arbitral process under the former UAE Arbitration Chapter unreliable (for a comparison…
…case. As a rule, investment tribunals deem travaux to be discoverable. For example, many NAFTA tribunals have taken facilitative approaches during the document discovery process to assist claimants to access…
…understand it quite differently; most significantly as reintroducing a strongly subjective element to the process of treaty interpretation and even allowing reference to the preparatory work of a treaty as…
Legal Reasoning: Interpreting and Applying the Law1)Mary Mitsi, The Decision-Making Process of Investor-State Arbitration Tribunals (Kluwer 2019). When analysing the process of legal decision-making what might first come to mind…
…which examine issues of temporal interpretation. On Wednesday, Dr Mary Mitsi will provide a preview of the methodology and research encapsulated in her new book, The Decision-Making Process of Investor-State…
…as soon as possible. Whereas some Member States, in particular Central and Eastern European Member States, have been already in the process of terminating some of their intra-EU BITs, the…
…in Working Paper #3 “offers a modern, sophisticated and balanced set of investment settlement rules that will ensure both due process and an effective process” (para 6). While efficiency has…
…the tutela against awards is frequently invoked for alleged breaches of both due process and the parties’ fundamental right to seek justice; Despite the fact that arbitrators and judges perform…
…a process of rebranding as a significant regional player. This ambition became clear in the Tashkent Law Spring Legal Forum, as we reported in our blog. Do you have any…
…transparency in the decision making process, arbitrators are not permitted to act as counsel or as party-appointed expert or witness in any pending arbitration under the agreement for the duration…
…Guaidó’s attorney general asked the ICSID Committee to “not process any submissions signed by individuals acting on behalf of Maduro.” The Committee rejected Guaidó’s request arguing “that [Venezuela] is being…
…heightened impact of bringing data to life in graphics or presentations is well worth the time diverted from focusing wholly on cross-examination. As set out above, the process of synthesizing…
…the arbitration process. Getting a head-start from inception: Mr Omar SC highlighted that dispute resolution clauses are often overlooked during the drafting process. He emphasised that a well-framed arbitration clause…
…of themselves, a functional form of due process. Domestic civil justice and functional global commerce could best be realized through the submission of disputes to arbitration. The revamped arbitration doctrine…
…tribunal is essential to ensure due process, to grant a fair award and to avoid a surprising decision to the parties. However, deliberation is still a “black box”, a secret…
…court shall be allowed to suspend the effects of such clauses or agreements when it finds that they may harm the insolvency process, notwithstanding the provisions in international treaties. …
…to properly assess whether foreign investors have been treated fairly under domestic environmental assessment process, and the potential ‘chill’ in the environmental assessment process that could result from the majority’s…
…these dispute resolution mechanisms are calling for. We then have Herman Verbist’s contribution on the so-called “UN Mediation Convention.” In his article, he discusses the drafting process of the Convention,…
…SC pointed out how institutions innovate and introduce different procedural tools to promote efficiency in the arbitration process. One such procedure discussed at length during the panel discussion was the…
…and again, ultimately, the parties. On the other hand, in Brown’s opinion, insurance would ensure fair process with a competent arbitrator.7)BROWN, Jenny. The Expansion of Arbitral Immunity: Is Absolute Immunity…
…availability and willingness to travel for case proceedings. The above requisites aside, the process followed to identify and select a Panel designee is entirely within the discretion of the Contracting…
