…observe due process; and (iii) provide a just, adequate and prompt compensation. There are two special circumstances that are regulated by the BIT. Firstly, article 17 provides for the scenarios…
…of the principle of due process of law: the right to be heard and the right to a fair trial. Without diminishing the relevance of international civil procedure, arbitration was…
…is precisely to offer to the arbitral tribunal a possibility for a short and effective review of the award. If the ground for setting aside was lack of due process,…
…of resurgent populism on the left and right. ISDS can never enjoy global legitimacy unless people from around the globe can see themselves represented in the process. Just bringing intersectionality…
…a process which facilitates the parties in their negotiation and in reaching a concerted solution to their conflict. The mediation process can be activated under the rules of D.Lgs.28/20103, when…
…need to address the imbalance between the parties, assuring both a formal and a substantive due process in arbitration. At first glance, the suppression of e-discovery simply looks backward minded….
…a “resource to parties and to arbitrators to provide an efficient, economical and fair process for the taking of evidence in international arbitration”, their main goal was to bridge the…
…(“DSB”) is established for the settlement of disputes. When a dispute arises between the members of the WTO, it is first sought to be resolved through a consultation process (Article…
…for efficiency that capitalism demands.” These themes, as it turns out, apply as much to the process of selecting arbitrators as they do to the process of selecting baseball players….
On 26 May 2018, the Ninth Investment Arbitration Forum took place at the Juridicum of the University of Vienna jointly organized by Prof. Irmgard Marboe of the University of Vienna,…
…State. Moreover, the nature of the process ensures that awards are subject only to limited judicial review by the domestic courts of EU Member States. Accordingly, the Court held that…
…pt. IV, ch. D, ¶ 7: “As a matter of general international law, a non-discriminatory regulation for a public purpose, which is enacted in accordance with due process and, which…
…use of provisional measures may be connected to the due process requirements of equal treatment and the right to be heard. This is a natural result of the “judicialization” of…
…in the tender process. Companies do not want to invest heavily in preparing for bids, i.e. designing the project and negotiating financing options with banks, which can be costly, if…
…keynote address. Rogers said that, in international arbitration, the starting point of the shaping process—the one that the shapers of the future of international arbitration must preserve and deal with—is…
…be good and they have to be available to progress the proceedings efficiently, in order that parties have confidence in the process. If the Pool compiled by the NAI and…
…Therefore, although the Red List describes critical situations in which the arbitrator has a very close relation with one of the parties or with the result of the process, and…
…treaty expressly preserves the “diplomatic channels existing between the Parties”. It appears though that once a Party activates the judicial process, it must see it through, including, to my mind,…
…into this deep and mysterious process is the observation of repeating patterns of irrational behaviour that many people often follow. The process is two-way: on the one hand, the fact…
…withdrawn, the vast majority settled before any other significant step in the arbitration process after the claim date (i.e., counterclaim, preliminary hearing, and/or hearing on the merits). From Figure 5,…
…must surely be correct as the alternative leaves the potential for potentially conflicting decisions and undermines the finality of the arbitral process. The case adds to the increasing volume of…
…process and other procedural irregularities, lack of impartiality/independence of arbitrators, etc.) should exclude issues of validity of arbitration agreement/jurisdiction as these should fall within the scope of Article V(1)(a) and…
…party autonomy, pursuant to which the arbitration process is a matter for contractual agreement between the parties; the separability of the arbitration agreement from the main contract, which allows a…
…serious violation of claimants’ access to justice, due process and effective judicial protection. It concluded that it was necessary to produce an express and positive conclusion on claimants’ argument, i.e….
