…to actively engage with the process and 94% thought that the arbitrators would need to actively engage with the process. There was, however, a recognition that obtaining agreement from all…
…the result of the process and the aspects of the decision under review.4) Christoph H. Schreuer, ‘The ICSID Convention: A Commentary’ (Cambridge University Press, 2009), p. 901. First, the result…
…deliberative process, (iii) independence and impartiality safeguards, and (iv) costs and duration cap. Micula Enforcement in Sweden Against this backdrop, on 23 January 2019, the Nacka District Court in…
…process violated Turkish public policy, and as a result refused to enforce arbitral awards with the ICC cache. Similarly, despite the parties having agreed that the seat of arbitration would…
…the agreement in accordance with the principle of trust, thereby assuming that the parties did not want a division of legal process, but rather a comprehensive jurisdiction of the arbitral…
…is still far below institutions like the ICC, HKIAC and SIAC. Many smaller disputes, otherwise well-suited to the expedited process, may therefore still end up being resolved in a more…
…hearing. Compared to adversarial processes, the conciliation and mediation mechanisms under CETA and EUVIPA envisage a more flexible evidentiary process aiming to provide a fair and independent system. Unlike under…
…to keep this positive function to be major actors for the future of International Arbitration. So does their involvement in the current rules amendment process at ICSID, along with other…
…of Arbitration (Article 23.1 and Schedule 4); reduce the time frames for the EA process (Article 23.1 and Schedule 4); introduce an early determination procedure (Article 43); broaden the scope…
…also meant that attention to cyber security is required and essential to ensure that international arbitration maintains the confidentiality of the dispute resolution process. In a digital era, a variety…
…for EUR 4,771,021,582 or, in other words, 58% of all claimed amounts. In the reviewed years, the average duration of the R&E application process in Russian courts was 6 months….
…law (2012 Arbitration Law) which covers the entire arbitral process in 58 articles and conforms to international standards. The 2012 Arbitration Law notably reduced court intervention and increased party autonomy….
…Management. The Journal welcomes the submission of articles for publication (see here the guidelines for submissions) Such a developmental process in the field of international arbitration can clearly be pictured…
…is all the more biased given how little is known about it. This failure to adequately educate the uninitiated has led many to see this process as inaccessible, as a…
…least disruption possible to the arbitral process.1) Gerald Metals SA v The Trustees of the Timis Trust and others [2016] EWHC 2327 In South Africa, both tribunal and court ordered…
…process of the working group. It remains to be seen whether the European Union will gather sufficient support from its trading partners. Potential impact of Achmea? In its seminal…
…are most familiar with. Yet being curious and adventurous is part of our evolutionary process. How would this behaviour then play out in the choice of a governing contract law?…
…to reshape the arbitration process. Where to Start when Thinking about the Use of Blockchain in Arbitration? A starting point in an arbitration-blockchain discussion inevitably begins with defining, and more…
…or excluding the admissibility of the evidence. At the same time, the inclusion of illegally obtained evidence can lead to an unreasonable conclusion, endangering due process, subjecting the award to…
…wish was that arbitrators have the courage to take difficult decisions and not fear the ex post review of State courts. She sustained that today’s due process paranoia often prevents…
…more ambitious position together with a more moderate stance to choose from. Some other modalities also envisage its inclusion in a multi-tier process, where mediation precedes the resort to the…
…– Jurisdiction over bankrupt defendant – Applicable test for demonstrating due process violation] 4A_220/2017 of 8 January 2018 [Prohibition to take the parties by surprise – Group of interdependent contracts]…
…Also, in the case of an ICC arbitration, a temporary arbitral order would not be subject to the typical scrutiny process followed by the ICC Court of International Arbitration with…
…and Uzbek laws by expropriating Metal-Tech’s property without due process, amongst other claims. The tribunal focused on the applicable BIT’s requirement that arbitration of disputes “concern[] an investment,” defined as…
