…main challenge for the arbitrators is to be capable of seeking specialized knowledge and then to integrate it into their decision-making process. Michel NARDIN takes stock of the options available…
…of the decision-making process regarding such policies. The consultation is open until October 2019. In “Singapore Convention Series – harmonization of China’s legal system with the Convention: suggestions for the…
…good and efficient mediator, including the important reason that the mediators’ faith and confidence in the mediation process will transfer across to the parties. In the second post in this…
…Indian court could intervene in an investment arbitration and grant an anti-arbitration injunction only if the arbitration is “oppressive, vexatious, inequitable or constitutes an abuse of the legal process”. In…
…consider modifying their dispute resolution process post-dispute through a submission agreement if a better process or set of rules would make more sense under the specific circumstances of an existing…
…any stage during the life of the arbitration, operating as a ‘shadow process’ running concurrently with the dispute as it proceeds through its natural phases. Regarding the number of ‘neutrals’…
…guide arbitrators when considering evidence, even the illegal one. The recent development of due process paranoia (for KAB posts on this topic see here and here) is certainly not very…
…mediating investor-state disputes. Utilizing the Mediator’s Proposal. Contrary to arbitration where there is no voluntary exit from the process without legal consequences, an exit from mediation may take many forms….
…specialized legal regime – that regime being the international and national law framework governing the international arbitral process.”2)BORN, Gary B. International Commercial Arbitration. Second edition. Volume II: International Arbitral Procedures….
…Jurisdiction and Admissibility of 17 December 2015, para 585. In any event, and until the dust settles, investors may want to integrate these considerations into their investment decision-making process to…
…Nigeria risks losing about $9 billion worth of assets in the UK to a British firm, Process and Industrial Developments Limited (“P&ID”). It remains to be seen whether P&ID, through…
…Rules an efficient process that provides for reasonable, but strict timeframes and allows arbitrators to limit disclosure and control the process. One final misconception, that we very clearly addressed in…
…that Fast Track arbitration were discussed in one of the panels because, although brevity is very well received, it entails some procedural issues and concerns about due process when certain…
…venture for the exploitation of natural resources, the full course of an arbitral process may prolong, if not intensify, the conflict itself without making anyone happy. In these instances, if…
…not provide any process by which a party may object to non/limited publication once requested. Given the relative ease with which parties are able to achieve non-publication via the opt-out…
…Section 31A by amending the law as suggested above. This will ensure that the legal costs of the party initiating frivolous legal proceedings stalling the arbitration process is not subsidised…
…overcome difficulties under current arbitral legislation framework which has been seen by some to be rigid, centralized and too similar to the judicial process, several arbitration institutions in Mainland China…
…Despite the criticism of the cross-examination of witnesses in arbitration, the drafters of the Prague Rules retained the cross-examination process in the new Rules. However, provisions that tend to avoid…
…confidential information, simply by starting a corruption investigation, poses a significant risk to the sanctity of due process. The balance may be shifted if the arbitral institution’s treaty with the…
…its case (Art. 108(1)(b), Law 1563 of 2012): this ground seeks to protect the right of the parties to be heard, to be treated equally and of due process. The…
…process of litigation. First, the Court invited parties to prepare a list of issues agreed between the parties. Ideally, this was a series of “yes” or “no” questions that followed…
…a separate proceeding. The Court held that the underlying idea of this decision is due process, as one may be prevented from bringing a claim which it is entitled to…
…a government-led process. This reflects the fact that it was States who initiated the design of the current system, and in her view they should be the ones to reform…
…made an order of a court is a fairly lengthy process. A Notice of Motion and Founding Affidavit is lodged by the Applicant (the party wanting to enforce the award)…
