…Disputes (ICSID) Rules, or ad hoc arbitration under the UNCITRAL Rules. All in all, the arbitration process offers parties greater control and ownership of the process and maintains a strong…
…to arbitrate, together with an official translation of each. If the award is issued by a party to the Hague Apostille Convention, certification follows a streamlined process recognized in Brazil….
…agreement (Senior Courts Act 1981 s.37(1)). At the heart of this controversial remedy lies a concern that anti-suit injunction is an indirect interference with the process of a foreign sovereign…
…process of appointing the arbitral tribunal, the respondent suddenly decided to use all guerrilla tactics in the book in order to derail the arbitration. On the same day, the local…
…tribunals lack any appeal process that can provide interpretative guidance (other than a narrow annulment process), giving rise to inconsistent results that, it is charged, violate basic rule of law…
…process, in particular the tribunal’s decision-making process. Arbitrator discipline: Regular remittance may reduce the motivation for arbitrators to be thorough and diligent in setting out their reasons, since they…
…subject to avoidance only on limited and objective criteria. The New York Convention, if observed correctly, should guarantee the second and most vital step of this process: enforcement. Accordingly, a…
…the standards applicable to judges are useful indicia for arbitrators, given that arbitral tribunals are subject to the same ideals of due process and justice as courts (see TMM at…
…further growth of arbitration depends greatly on collaboration, interdependence and genuine reform at a grassroots level. 4. Arbitrator Selection Process Last year, one hot topic was the need for greater…
…making sure that due process is observed and adhered to by all parties and their counsel and expects and requests that counsel conduct themselves accordingly. Decision Mr. X may act…
…inherent flexibility of the arbitral process (its procedure being tailored in material respects by the parties’ agreement) enables efficient conflict management approaches to be developed and for the dispute resolution…
…interference in an ongoing Indonesian judicial process, and hence it violated the principle of state sovereignty of the Republic of Indonesia; (2) it violated Indonesian public order; and (3) it…
…in what circumstances we find ourselves. Charlie then identifies how, in the mediation process, we might use the mental maps that parties have of their truth. In “Empathy”, Charlie Irvine…
…international arbitration becoming a dysfunctional process. Should tribunals, therefore, seek to deter anchoring strategies? If yes, should tribunals consider such strategies as parties’ misconduct? One could argue that tribunal’s power…
…selection process. * * * Arbitrator Intelligence is an ambitious project that seeks to harness the collective intelligence of the international arbitration community. It can only be truly successful with…
…or their practice at some stage of the interlocutory process. Even if not mandatory, this leaning towards mediation might be desirable if a settlement should be possible. Having the court…
…entire arbitration process. For example, it could recommend drafting suggestions for arbitration clauses, helping clients and lawyers identify blind spots and bulletproof their interests. Parties could agree to use AI…
…de minimis principle without disqualification of the challenged arbitrator. Apart from such differences in substantial application, there is still lack of clarity on the process of its application. Since the…
…text-mining have made it to the legal world, simplifying all phases of the dispute resolution process. Arbitration and these new technologies share a mutually beneficial relationship. On the one hand,…
…allow for such a procedure. Additionally, an arbitral tribunal’s decision would not be binding on a third person and would thus frustrate the process of dispute resolution between all parties….
…first revision of the DIS Rules since the current version was adopted in 1998 (“DIS Rules 1998”). The revision process involved nearly 300 persons sitting in three different commissions, but…
…service of process abroad. However, on a request for appeal to Israel’s Supreme Court a majority ruling overturned this decision and denied the motion for service of process abroad. The…
…and thus strips sovereign nations of their policy-making powers and taxpayers of their money. From a political perspective, ISDS originally emerged from a bilateral bargaining process of post-colonial developing states…
…in the proceedings -which could include the failure to give reasons for the decision, constituting a violation of the due process of law-, (ii) an award is rendered beyond the…
