On Arbitrating Antitrust/Competition Disputes (I)
…be left in the hands of arbitrators. The cases “require sophisticated legal and economic analysis, and thus are alleged to be ‘ill-adapted to strengths of the arbitral process, i.e., expedition,…
Search Results for: due process paranoia
On Arbitrating Antitrust/Competition Disputes (II)
…tightly to control this process, some with counsel participating, some after the witness’ testimony, with the tribunal only questioning. I have used this most recently with opposing experts on foreign…
Why Lawyers from Civil Law Jurisdictions Do Not Need the Prague Rules
…ultimately to the success of international arbitration. This is deplorable also because the common law features of international arbitration, if used properly, help to make the arbitral process fairer and…
The Africanisation of Rule-Making in International Investment Arbitration
…recent years, however, and in parallel with the development of intra-African foreign direct investment, African countries have taken a more active role in the rule-making process of international investment law,…
Arbitration Awards, Arbitration Proceedings, Enforcement, National Courts, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
The Future of the New York Convention in Its Most Extreme Sense: A Dual Convention that Disposes of National Setting Aside Regimes
…whether there had been a violation of due process under the laws of the seat (lex arbitri), whether there was a valid arbitration agreement, whether the mandate was complied with,…
Africa, Arbitral Award, Arbitral seat, Arbitration institution, Arbitration Institutions and Rules, Ethiopia, Uncategorized
Spotlight on Ethiopia as it Annuls a Euro 20 million Arbitral Award
…Court’s reasoning appears legally sound. However, there is concern that the Court opening up the award could potentially attract more challenges counterintuitive to the arbitration process. Would a better approach…
SOAS Arbitration in Africa Survey Report 2018
…in their appointment process. The other agencies that can make an impact on this issue of diversity are appointing authorities and arbitration centres and institutions. In informal discussions with heads…
Controlling Chaos in Parallel Proceedings: A Report from the 30th Annual ITA Workshop
…of Process? A more recent response to repeat proceedings is to analyze them for abuse of process, following the model of Orascom TMT. Prof. Gaillard, who acted as respondent’s counsel…
Can the Application of Blockchain Technology Broaden the Horizons for Arbitration?
…in accordance with the OECD due diligence framework. The process used is to audit mines for human rights violations and then apply a bag and tag system whereby each sack…
The Fear of the Sole Arbitrator
…door bargaining”. Further, the decision-making process might be swifter for a sole arbitrator than for a multiple member tribunal in which deadlocks can arise. All in all, the decision on…
The ‘Professionalization’ of International Arbitrators: What Role for the Professional Arbitral Associations?
…‘market’ and the arbitrators’ ‘function’ is. Undoubtably one of the most curious aspects of international arbitration is how distinctive the process of ‘professionalisation’ of arbitrators has been. I – The…
New Ruling by the Madrid High Court of Justice: Arbitration and Public Policy
…policy to annul the award. The approach of the court, as discussed below, is problematic as, if followed, it risks perverting, in Spain, the process of application for annulment of…
Human-rights-based Claims by States and “New-Generation” International Investment Agreements
…to arbitration (potentially as part of an investment registration process) in order to benefit from investment protection. However, where indirect investments are protected by an IIA, the scope of consent…
ISDS: The Brexit Lawsuits the UK Should Be Worried About
…advice achieve on the individual level, when litigation has failed to stop the Brexit process altogether, or at least to guide it towards less radical paths? The government itself has…
The Diversity Dilemma in Arbitrator Appointments
…real question is not who has the most power to effect change, but are we all making the most of the power that we have to help this process. The…
Third Party Funding in Investment Arbitration: Time to Change Double Standards Employed for Awarding Security for Costs?
…costs in the ICSID mechanism ICSID tribunals tend to employ a higher threshold for awarding security for costs and rely on exceptional considerations, broadly including abuse of process or bad…
Global Lessons in Mandatory and Voluntary ADR Systems
…courts?. Washington, D.C. (One Columbus Circle, N.E., Washington 20002-8003: Federal Judicial Center); Wissler, R. L. (1995) Mediation and adjudication in the small claims court: the effects of process and case…
Information about Arbitrators – An Empirical Assessment
…about arbitrators Many people in the arbitration community would argue that the arbitrator selection process is probably the most important stage in an arbitration. What is one of the key…
Environment, Human Rights, Investment, Investment Arbitration, Investment law, Investment protection, Investment Treaties, Investor, Investor-State arbitration, ISDS
Human Rights and Environmental Disputes in International Arbitration
…system,2) See, (i) the new generation of IIAs, in particular the FTAs signed by the EU, but also the new models of BITs; (ii) the amendment process of the ICSID…
The Choice of Remedies Doctrine – a Jack-In-The-Box?
…courts have recognized the concept of abuse of process, perhaps an overriding policy consideration of preventing an abuse of process could also be recognized in arbitration proceedings, as was alluded…
Efficient Arbitration – Part 3: Winning an Efficient Arbitration
…(chess-clock process), decisions on which witnesses to call (and cross-examine), agreement on paperless hearings (see also Leon Kopecký’s A Case for Paperless Arbitration), and the use of video conferencing (ICC…
New Model BIT proposed by Ecuador: Is the Cure Worse than the Disease?
…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…
Arbitration, Jurisdiction and Culture: Apropos the Rules of Prague
…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…
Arbitration, Costs, Costs in arbitral proceedings, Hungary, International arbitration, UNCITRAL, UNCITRAL Model Law
The 2018 Hungarian Arbitration Act: Implications of the New Setting Aside Provisions
…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,…