Do Arbitration Users Really Value Finality?
…major arbitral rules. Alternatively, they can see the benefit of some form of appeal process which is a common feature to court systems and therefore ‘arbitration finality’ is not important…
Search Results for: due process paranoia
Enforcement, Sovereign Immunities, Sovereign Immunity, State entity, State Immunity, Waiver, World Bank
Sovereign Immunity From Execution: Caveat Emptor
…is the way in which procedural rules and legal devices (e.g. discovery tools and burden-of-proof rules) steer the legal process in a certain direction, and therefore also outcomes and behavior….
Jumping on the TPF Bandwagon: Nigeria’s New Arbitration Bill Embraces Third-Party Funding
…does not address some of the core concerns about TPF related to the integrity of the arbitral process and the ultimate enforcement of awards. In what follows, we identify three…
How Should a Court Asked to Apply Article 8 of the Model Law Approach its Task: Challenges for the Arbitral/Court Interface (II) & Request for Comments “Procedure and Evidence in International Arbitration”
…for comments – second edition – Procedure and Evidence in International Arbitration This is a call for feed-back following on from the above. I am in the process of…
How Should a Court Asked to Apply Article 8 of the Model Law Approach its Task: Challenges for the Arbitral/Court Interface (I)
A crucial issue in arbitration is determining the proper relationship between courts and the arbitration process. In addition to court challenges to preliminary jurisdictional decisions by arbitrators and court applications…
ISDS Under the CPTPP and Beyond: Japanese Perspectives
…consensus on who should chair sensitive process – entailing a rare vote. In particular, it suggested that the value of consistency and coherence should not be overemphasized to the detriment…
What Causes Inter-Institutional Variations in the Duration of the Arbitration Process?
What Causes Inter-Institutional Variations in the Duration of the Arbitration Process? A significant advantage that arbitration has over litigation is the speed with which proceedings are conducted. The duration…
8 Key Points from the ICCA-QM Task Force’s 2018 Third-Party Funding Report
…funding process work?”, read Chapter 2 for explanations which are fundamental to any meaningful debate on TPF. What alternative funding models currently exist? The Report has done a formidable…
The Contents of Journal of International Arbitration, Volume 35, Issue 3, 2018
…put on the National People’s Congress’s legislative agenda. In order to address several outstanding issues including the ‘dual-track review system’ existing in Chinese courts’ review process of domestic and foreign/foreign-related…
Summary Disposal In Arbitration and Tribunals’ Ability To Order Summary Procedure Without Express Authority
…availability of summary disposal as part of the arbitration process can potentially impact the way in which arbitration may be perceived and used in the future. Certain industries, such as…
Third Party Funding in Asia: whose duty to disclose?
…section 5B(10): “’dispute resolution proceedings’ means the entire process of resolving or attempting to resolve a dispute between 2 or more parties and includes any civil, mediation, conciliation, arbitration or…
Diversity and Intergenerationality – Report on the Seminar “OGEMID and TDM past, present and future: a celebration”
…to be taken by only one person, the process of selection should take into account the most capable person regardless of any diversity requirements. Moreover, she briefly commented that the…
Arbitral Seats – An Empirical Overview
…arbitration laws and the local judiciary at the seat of their choice are supportive of the arbitral process and provide sufficient indications of predictability and impartiality. In particular, respondents look…
Kluwer Mediation Blog – April Digest
…ways of representing the world which include visual, auditory, kinesthetic, olfactory, gustatory and digital representations. In “Mind Games”, Charlie Woods describes mediation as a process that seeks to convert what…
Why We Don’t Need Blockchain to Manage Cases in International Arbitration
…know for a fact that, for example, the blockchain-based Bitcoin can only process 1MB of data every 10 minutes. Moreover, the current transaction cost of storing about 1KB of data…
The Enforcement Chimera
…funds is dealt with separately from the execution process in this analysis. It is the result of execution, not part of the execution process. The unfortunate fact is that debtors…
Developing a Coherent Basis for International Minimum Standard of Treatment
…say in the political process of the host state can have far reaching implications. First, in the context of a social reform, an argument could be put forward that the…
Appointment of arbitrators, Arbitration, Arbitration Proceedings, CEE, Enforcement, Investment Arbitration
Arbitrating with States in CEE and CIS
…order to limit due process challenges. During the conduct of the proceedings, arbitrators often have to adapt to parties used to their national courts’ inquisitive practice and take procedural measures…
Implicit Bias in Arbitrator Appointments: A Report from the 15th Annual ITA-ASIL Conference on Diversity and Inclusion in International Arbitration
…have significant implications on the arbitrator appointment process. Newer and diverse arbitrator candidates may be overlooked when practitioners consider prospective arbitrators, or may be evaluated by different standards. The appointment…
The State in Transition – Did the Questionable Privatisation Come to Haunt Bosnia?
…process. Looking at the BIT provisions, Article 3(2) briefly provides for investments and returns of investments to be at all times accorded with fair and equitable treatment. Since the BIT…
How Does Arbitration Intersect with the Blockchain Technology that underlies Cryptocurrencies?
…forced to comply with the process before either can access those funds. This is because in the absence of the electronic signature of the other contracting party, in a multi-signature…
New Delhi International Arbitration Centre: Building India into a Global Arbitration Hub
…to acquire and revamp the procedural framework and governance structure that was previously in place under the ICADR. Further, the Bill seeks to develop and expedite the dispute resolution process….
Brazil, Commercial Arbitration, Enforcement, Latin America, Recognition and enforcement of arbitral award
Recognition of Foreign Arbitral Awards in Brazil: The Abengoa Decision One Year On
…the award recognition process. On the other hand, Justice Felix Fischer voted for the recognition of the arbitral awards on the ground that the process before the STJ should not…
Arbitration involving State-owned Entities in Rio de Janeiro: We Cannot See the Wood for the Trees
…according to the World Economic Forum, the country was the ninth biggest economy of the world in 2017. Second, the wide participation of the State in the process of economic…