…hand, yearning for “stronger” arbitrators seem to be on the tide in international arbitration. A “stronger” arbitrator is one who is not overly constrained by the due process paranoia, who…
…the Final Award alleging that the Tribunal had violated their fundamental rights to due process and access to justice. The Gecelca companies also requested interim measures to suspend the payment…
…process of negotiations preceding the agreement or the execution thereof, whatsoever. If the main plank of the applicant, that Mr. Frederik Reynders was acting for and on behalf of respondent…
…corollary to bank resolution have so far focused on the purported conformity of the resolution process to investment protection standards of treatment, the availability of state defenses against such claims…
…to fast track the arbitration process. It is also promising to know that the latest World Bank report ranked Kenya as 61 amongst 190 economies where the preferred mode of…
…intelligence for dispute resolution, which involves using an algorithm to generate a suggested settlement figure and allows the business to process an extremely high volume of disputes. This type of…
…institutions based on ‘general reputation and recognition‘. The process and development of current institutional rules Against this background, one may wonder why arbitral institutions seek to create new rules to…
…of early dismissal procedures in arbitration. Despite their “broad discretion” arbitrators typically suffer from “due process paranoia” that leads to lengthier proceedings in arbitration, adding to the expense. In response,…
UNCITRAL’s Working Group III on investor-state dispute settlement (ISDS) assembled in Vienna last week to consider a raft of reforms concerning investment arbitration. The fifth session in this process, governments…
…from the concept of treaty shopping; second, an abuse of process doctrine; and, third, a state consent doctrine. No provision in investment treaties sets out a bar on trades; rather,…
…contract termination – No public policy or due process violation] 4A_338/2018 of 28 November 2018 [Request to set aside a domestic award (Swiss Rules) – Right to be heard –…
…may be sought (see post here), and the process for making an application (see post here). Despite the plethora of district court decisions (which are trial courts in the US…
…it will have three possible paths to dispute the proposed compensation: (i) the already traditional judicial process; (ii) mediation, following the rules of Statute # 13.140/15, or (iii) arbitration, following…
…Arbitration Society (“ARIAS-US”) is a nonprofit corporation, per its website, “dedicated to improving the insurance and reinsurance arbitration process for the international and domestic markets”. ARIAS-US provides initial training and…
…arbitrators to exert a firm control on the procedure while respecting due process. To reduce the risk of ‘due process paranoia’, Delos Principle 2 promotes the use of ‘safe seats’,…
…such funding be disclosed? Sensitive issues arise when dealing with the disclosure of the funder’s identity. The presence of an outside influence, which affects the arbitration process, could lead an…
…mechanism for settling legal controversies between the involved parties. This, in and of itself, would hardly be an interesting topic for a discussion. However, the process of disintegration of the…
…“turned to legislative history too early in the interpretation process”. (Id., at *20.) Even if the Sixth Circuit was to consider the legislative history, the Court concluded that “what the…
…of the proceedings. On the other hand, challenges often result in delay, thereby prolonging the dispute resolution process. What is your perspective as an arbitrator? I find today that there…
The Agreement Establishing the African Continental Free Trade Area (AfCFTA Agreement) went into effect on May 30, 2019. The AfCFTA is the next step in a process set in motion…
…of “agreement in writing” liberally, focusing on evidence of the parties’ agreement to resolve the dispute by an arbitral process. Another Canadian court has similarly held that “[i]t is a…
…DSS, anchored by the appeal process, may soon cease to function as such. The AB, which hears appeals from Panel decisions, is to be made up of 7 members, 3…
…and due process. As explored below, dispute resolution mechanisms of even the leading international organizations are riddled with due process concerns, some of which go to the most basic tenets…
…of the hearing which require protection of confidential and restricted information or the integrity of the arbitral process. Other exceptions to transparency are formulated in Article 37, which establishes cases…
