…overseen by state entities. This process is governed by contracts that incorporate directly or indirectly most aspects of the host State’s regulatory framework, distinguishing it from other countries where these…
…institutions that contain UAE as the seat of the arbitration, to have a governance process and ethical code of conduct for arbitrators, encouraging reporting on unethical behaviour of arbitrators. from…
…This aspect was expressly modified in the current Venezuelan Constitution, which admits dual nationality. In Spain, there has been a process of widening the possibility to obtain the Spanish nationality…
…(i) the parties may deny the tribunal the power to adopt inquisitorial processes (whatever they may be) and (ii) if the parties do not do so, any inquisitorial process adopted…
In April 2023, Libya took a significant step forward in developing its legal system by issuing Law No 10 of 2023 on Commercial Arbitration (“New Arbitration Law”). The New Arbitration…
…party autonomy, a well-documented sense of due process paranoia and an adversarial understanding of arbitration, the prevailing practice of arbitrators is to allow the parties a very broad scope to…
…violation of the Chilean mandatory rules requiring that service of process for a civil lawsuit be carried out exclusively by a duly authorized public official (as stipulated in Article 40…
…are circumstances where these seemingly separate worlds overlap. Through their discussion of the relationship between courts and arbitration at every step of the arbitral process, from before the request for…
…the narrow grounds set out in the AMA. These grounds may be described broadly as jurisdictional, due process, and public policy. The ART has the potential to significantly influence the…
…to provide a modest but concrete step towards fostering greater familiarity, predictability and confidence in relation to the international arbitral process, including the award as its end result. It is…
…process to limit the differences between the experts prior to their provision of evidence (see Article 6). It was noted that this is appropriate in the case of technical experts…
Readers with antennas tuned to the happenings of the reform process for investor-State dispute settlement at UNCITRAL will know that the topics of damages and causation are on the agenda….
…another. There, the court held that the defendant must transfer to the plaintiff the cryptocurrency of the same kind, quality, and amount. But in the process, the court noted that…
…which Nigerian counsel, Chief Ayorinde, responded: “You cannot reap where you do not sow. That is a very Nigerian saying.” (Nigeria v. Process & Industrial Development, para. 360). The Chair…
…Filho). The mock tribunal demonstrated the ICC Court’s scrutiny process, in which the Court reviews an arbitrator’s draft ICC award before it is finalized. This in-depth process, President Salomon noted,…
…the threshold of seriousness is still largely undetermined and often rests on the opinion of the court. However, at the expense of the possibility of abuse of this process, we…
…diving into unexplored factual sets or gray areas of those already explored face the risk of picking poorly and incurring fees, time and effort in the wrong dispute settlement process,…
…law which is, so far, silent on the matter. It is however being discussed, as part of the current reform process of the German arbitration law, whether provisions on an…
…contract. Without having a de novo fact finding process, the Court dismissed the petitioner’s case, by concurring to the arbitral tribunal’s finding that the arbitral agreement is binding because the…
…the process of diversification. Stepping back, the group considered what defines “success” in this context, noting that diversity is a process, not a goal. They reported that what is needed…
…tribunal secretaries, a Weberian process of professionalization is now well under way, which is contributing to the creation of a new, distinct role. While there are certain similarities between judicial…
…an arbitral tribunal finding that it has jurisdiction. Recent cases in Canada have raised challenging questions about the nature of the court’s decision and process under Article 16(3), including whether…
…submitted their own sworn statements reaffirming their intent to provide all materials obtained through the discovery process to the respective authorities in Austria and Germany. Parties to an ongoing international…
…in Bolivia against the Emergency Arbitrator’s Order, alleging a violation of its rights to due process and to defense. The Emergency Arbitrator, through his representative, argued, among others, that Bolivian…
