…views of the solution may differ. Parties Should not Lose Sight of Continuing Opportunities for Negotiation Throughout the Process Opportunities to streamline or dissolve the arbitration process exist throughout….
…Conducted? Arbitration, as a fundamentally consensual process for the settlement of disputes, is initiated either through the parties’ mutual consent – materialised through an ad hoc arbitration agreement once a…
…agreed that lawyers have a new business opportunity in drafting settlement agreements. Urs Weber-Stecher elaborated on the right timing for mediation in a multi-tier process. It was stated that the…
…and futures. As summarized in this article, compared with litigation, the values relied upon by the mediation process, i.e. voluntary, equal, inclusive, efficient and cost-saving, are more easily realized through…
…costly and time-consuming process. Particularly in construction proceedings, which habitually include copious drawings, notices of defects and contract documents, restrictions may contribute to efficiency. With their restrictions, the Prague Rules…
…parties’ control over the process of the constitution of the entire arbitral tribunal. 4. Since the launch in 2017 of the CRCICA Rules in French (in addition to the…
…for the courts/judges to understand the arbitration process and its relationship with the courts. This requires continued dialogue between both professions. The second is to have a clear understanding of…
…be a voluntary submission to the arbitral process after the harm or event in question has occurred, which may in practice be difficult to achieve. While the Elements Paper suggests…
…As such, the Code is the natural response to the growing interest in adopting codes of ethics or codes of conduct for arbitrators, counsel, and other participants in the process….
…to a judicial review for the matters of law. Finally, the process reached its pinnacle with the adoption of the 1996 Act, which complexified the awards’ challenge procedure. Position…
…of the dispute resolution process. Eliane FISCHER, Flavio PETER, The Consequences of a Tribunal Secretary’s Breach of Duties – the Games of Thrones Edition Taking inspiration from the epic series…
…whether the very process of dispute settlement can one day be driven by artificial as opposed to human—intelligence. However, as most dispute lawyers surely feel, the biggest hurdle for innovation…
…paranoia (see here and here for previous Kluwer Arbitration Blog posts on inherent powers and due process paranoia, respectively). At a dinner held at the Royal Danish Library, Georg Lett…
…to deny justice in civil, criminal or administrative proceedings in accordance with due process; b) the obligation to act in a transparent, non-arbitrary and discriminatory manner as regards investors from…
…its governmental Environmental Assessment (EA) so could not proceed. The Claimants considered that they were unfairly treated by the Government of Canada during the EA process and filed a claim…
…of this process, and leads the way in terms of international cases in Costa Rica. The adoption of this law also meant the need to modify certain aspects of the…
…be unfortunate. Are the Prague Rules a Panacea to Due Process Paranoia? The specific goal of the Prague Rules, stated in both the Preamble and the Note from the…
…of both the parties and their home states; (ii) a specialized dispute resolution process in which the parties are able to participate in the selection of competent and expert adjudicators…
…Kyrgyz Republic is in the process of development. In this regard, education of young practitioners who will be leading this country is essential. The Young ICCA Skills Training Workshop in…
…in this process is of crucial importance, as is the importance of open fora like the Round Table on Arbitration where arbitration practitioners can share their experiences and ideas to…
Introduction The London Interbank Offered Rate (“LIBOR”) is an estimate of the interest rate at which London-based major banks borrow unsecured funding from one another. It is administered by the…
…duty to conduct a due diligence process in order to identify, prevent, mitigate and account for the environmental and social risks and impacts of its investment.11)Article 7(3), Dutch Model BIT…
…in the framework of the accession process of Romania to the EU, the country repealed incentives offered to certain investors in disfavoured regions in order to eliminate domestic measures that…
…arbitral process. Its lawyers are typically fluent in English, Cantonese (which means they can read documents in Chinese characters), and, increasingly, Mandarin. Beijing’s influence on the city’s politics, problematic from…
