…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…
…process violations” in the context of Article V(1)b), in one particular case, the recognition of the award was granted based on the fact that the summons to the hearing in…
…within the dispute resolution process, either before court or under ADR mechanisms, including arbitration, must be performed in accordance with the GDPR requirements. Who is Who in Arbitration from…
…process is indeed of a judicial nature. A clear example is provided by the Supreme Constitutional Court (“SCC”),1)Supreme Constitutional Court, Challenge No. 95 of 20 JY, session dated 11 May…
…make the process of selecting a suitably qualified arbitrator easier. Another reason for using arbitration is the relative convenience with which parties can agree to keep their arbitration private and…
…connected to the case than national law, they will apply them directly. In this regard, the Guide clarifies an interpretative problem related to the Mexico Convention.1)13. During the process of…
…signatory’s legislative and administrative process, an exercise such as this across all the signatories will need time. The NYC, on the other hand, is already supported by tried and tested…
…of the process of establishing a standing investment court with an appeal mechanism (A/CN.9/WG.III/WP.159/Add.1, para. 38). Challenges to the establishment of an advisory mechanism Despite the existing support by…
…the arbitration scene in his country, especially the annulment process against arbitral awards, Roberto Williams commented that, in order to avoid further obstructions in such proceeding, this process may be…
…control over the institutionalization process is the (possible) nepotism, red-tapism, lack of objectivity and lack of transparency in the grading process. In my experience, a foreign party often prefers to…
…feasibility of using blockchain technology in arbitrations in India is understanding whether awards rendered through such a process can be enforceable in the first place. While the 2015 Amendments to…
…Chinese arbitration community as the most groundbreaking improvements. Its impact is threefold: First, it delivers long overdue respect to the role of arbitrators in the process by providing fairer compensation…
…particularly in the increased export of complex goods, and can trigger a process of institutionalization.2)Daniel Berkowitz, Johannes Moenius & Katharina Pistor, Legal Institutions and International Trade Flows, 26 Mich. J….
…arbitral process but where it does not, then judicial intervention undermines arbitration. There were legitimate concerns that judicial intervention could be the Achilles heel of arbitration in Nigeria, but that…
…request for consultations under the 1965 treaty on 9 January 2019. Assuming notice is not a hurdle, the arbitration procedure mostly mirrors the expedited process and division of costs terms…
…and especially procedure, given the general breakdown in the WTO’s usual two-tier inter-state dispute resolution process. We now elaborate the possibility of affected Japanese companies instead or in parallel bringing…
…from a civil law state they would be capable of meeting the expectations of the parties. Moreover, the work of the UNCITRAL Working Group III and the amendment process of…
…purpose; that the measure in question is discriminatory; lack of due process; lack of proportionality between the effect of the measure and the public purpose sought to be realized; a…
…strike the difficult balance between due process and speed. Prof. Dr. Ioan Schiau commented that in Romania parties did not like fast-track arbitration as they insisted on choosing a party-appointed…
…done to re-energize, revitalize the mediation process in the public interest?” In Mirror Mirror, Charlie Woods draws on the significance of the mirror in the ceremony to mark the ascension…
…process of approval, the Court held a public hearing and invited the ambassadors of Israel and Palestine, the Ministers of Trade and Foreign Affairs of Colombia, former negotiators of the…
…British company Process and Industrial Developments Limited obtained last year against the Nigerian government? Whilst I will not like to go to the merits of the Award on which there…
…system is, therefore, no exception, and the Achmea decision was a pivotal moment in this process as well. Thus, BiH has to take immediate action towards developing a strategy for…
…example. Whilst the arbitral process is often criticized for its costs, procedural delays, or lack of power against third parties, the question remains whether International Commercial Courts will be able…
