Search Results for: due process paranoia

2019 In Review, Amparo, Arbitration Act, arbitrators’ conduct, Brazil, Bribery, Colombia, Commercial Arbitration, Constitutional Court, Costa Rica, Ecuador, Guaidó, Kluwer Arbitration Blog, Latin America, Mexico, OAS Guide, Odebrecht investigation, Paraguay, Peru, Venezuela

(Herbert Smith Freehills)/ /Leave a comment

…an international arbitration award rendered in Colombia. The moving party alleged that the arbitral award had infringed its fundamental rights to due process and access to justice, and as a…

Arbitration Institutions and Rules, Arbitrator Challenges, Arbitrator's Fees, Public Policy, Set aside an arbitral award, Thai Arbitration Act, Thai Arbitration Institute, Thailand, Thailand Arbitration Center

(University of Paris Descartes)/ /Leave a comment

…  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…

International Investment Arbitration, International Law, International tribunals, Investment, Investment agreements, Investment Arbitration, Investment law, Investment Treaties, ISDS, ISDS Reform, Transparency, Treaty, Treaty Interpretation, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties

(Australian National University) and (University of Vienna)/ /Leave a comment

…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…

International arbitration, International Law, International tribunals, Investment, Investment agreements, Investment Arbitration, Investment law, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties

(Proxenia Legal)/ /Leave a comment

…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…

Decision Making, ICSID Arbitration, Investment Arbitration, Investor-State arbitration, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties

(Queen Mary University of London)/ /Leave a comment

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…

Decision Making, ICSID Arbitration, International Law, Investment agreements, Investment Arbitration, Investment Treaties, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties

(Australian National University) and (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/ /Leave a comment

…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…

Achmea, Arbitration, BIT, European Law, International arbitration, Intra-EU BITs, Intra-EU ISDS, Investment agreements, Investment Arbitration, Investor-State arbitration, Sunset clauses

(HHP Chambers)/ /Leave a comment

…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…

Amparo, Colombia, Constitutional Court, International arbitration, International Public Policy, Tutela

(Talero Rueda & Asociados)/ /Leave a comment

…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…

Arbitration institution, Belt Road Initiative, Central Asia, Interview, Interviews with Our Editors, Technology, Uzbekistan

(Law Offices of Kiran N Gore PLLC; The George Washington University Law School) and / /Leave a comment

…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…

Arbitration, Guaidó, Recognition, United States Courts, Venezuela

(Università degli Studi di Trento)/ /Leave a comment

…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…

Environment, Investor duties, Investor-State arbitration

, , (Columbia Center on Sustainable Investment)/ /Leave a comment

…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…