Anticipated revision to Article 257 of the UAE Penal Code
Arbitrators have an overarching duty to act fairly and impartially. This is a fundamental aspect of arbitration that arises out of one of the key advantages of the arbitration process,…
Search Results for: due process paranoia
Rockhopper vs Italy: Weighing Legitimate Expectations Up Against Investor’s Due Diligence in M&A Deals
…the authorization process despite the many setbacks, hoping for a different outcome. However, when in February 2016 the Ministry of Economic Development denied for the umpteenth time to grant the…
Finality of Arbitral Awards in Nigeria- Separating Harm from Hubris (Contd.)
In a previous post, the issue of finality of arbitral awards in Nigeria was discussed and it was concluded that the review of awards is not in itself a vice…
Arbitration, Arbitration Awards, Arbitration Proceedings, Enforcement, International arbitration, Nigeria
Finality of Arbitral Awards in Nigeria- Separating Harm from Hubris (Part 1)
…process because the end result is final and not subject to appeal. However, the reality as users come to find, is that an award is not always the last piece…
Arbitration Institutions: Five Things Your Website Must Do To Attract Cases
…they happen. With respect to awards, if you have a process for reviewing drafts for errors before they are published to the parties (scrutiny), your website should describe it and…
NAFTA Renegotiations Present an Opportunity to Strengthen ISDS’ Public Policy Perspective
…which is intended to ensure that investors and NAFTA Parties receive equal treatment in accordance with the principle of international reciprocity and due process before an impartial tribunal. Chapter 11…
Let’s Stop Talking About the Arbitrator Diversity Problem
…to the process. For years, the group Arbitral Women has, commendably, been raising awareness of the problem. Other groups have rallied to the cause. Leading institutions have responded, nearly across…
Problems of Ad Hoc Arbitration in Armenia
…to process the application for interim measures even in cases when an arbitral tribunal is not convened in ad hoc settings. The third issue is related to the appointment of…
The UNCITRAL Technical Notes on Online Dispute Resolution – Paper Tiger or Game Changer?
…of an ODR process, on which elements the Working Group had previously reached consensus, excluding the question of the nature of the final stage of the ODR process (arbitration/non-arbitration)” (UN…
Reforms on the “Prior Reporting System” — A Praiseworthy Effort by the PRC Supreme People’s Court, or Not?
…year. Finally, the current Prior Reporting System is an internal court process in which parties are neither invited nor allowed to participate. On account of these inefficiencies, the arbitration community…
The New-Found Emphasis on Institutional Arbitration in India
…instance, by the delays in the arbitration process caused by the extensive involvement of the courts. This called for a need for certain changes. The recommendations in this regard have…
The Three Hottest Energy Arbitrations of 2017
…parties to resolve their nine-year controversy constructively, in terms which are mutually satisfactory, but also because it contributes to the effectiveness and legitimacy of the arbitral process. Indeed as stated…
Some Critical Observations on the EU’s Foreign Investment Screening Proposal
…bipartisan group of lawmakers introduced a long-awaited Foreign Investment Risk Review Modernization Act of 2017 (“FIRRMA”), which would modernize the CFIUS review and approval process. The proposed bill would broaden…
Judicial Reform in Saudi Arabia: Recent Developments in Arbitration and Commercial Litigation
…in the policies of the Saudi government, which is taking steps to encourage arbitration and streamline the dispute resolution process. Saudi Center for Commercial Arbitration The SCCA, which was formally…
Mind the Label: Loyalists and Reformists and ISDS
…of a process of analysis and reform – whatever shape it may ultimately take – of the existing Investor State Dispute Settlement (ISDS) regime. At the meeting, the Working Group…
Artificial Intelligence, HKIAC Rules, Investment Arbitration, NAFTA, SCC Rules, Singapore, Summary Judgment, Summary procedure, Third party funding, TPPA
2017 Year-in-Review: Top 5 in International Arbitration
…dispose of cases, pursuant to their broad case management powers. However, concerns about due process and the enforceability of arbitration awards, which is sometimes criticized as “due process paranoia,” appear…
The Key to Unlocking the Arbitrator Diversity Paradox?: Arbitrator Intelligence
…personal—both in the process and substance of assessing potential arbitrators. So, to unlock the diversity paradox, let’s look more closely at parties’ actual practices and priorities when they are selecting…
The Quest for Uniformity in Ethical Standards for Party Representatives in International Arbitration
…of counsel are alien to the arbitral process and should remain separate from it. On this view, the responsibility of the tribunal is simply to resolve the arbitration proceedings in…
The Contents of Journal of International Arbitration, Volume 34, Issue 6, 2017
…universal code of ethics. Michael Polkinghorne & Benjamin Ainsley Gill, Due Process Paranoia: Need We Be Cruel To Be Kind? Abstract: Due process paranoia is one of arbitration’s ‘hot topics’,…
The Duty of Disclosure and Conflicts of Interest of TPF in Arbitration
…[ALTERNATIVE B]: 1. Arbitrators and arbitral institutions have the authority to, during the selection and appointment process, expressly request that the parties disclose whether they are receiving support from a…
Enforcement of Annulled Awards: A Restatement for the New York Convention?
…of the NYC (due process violation and arbitrability) and the latter could be similar to Article V(2)(b) of the NYC (public policy) but perhaps also Article V(1)(c) if one could…
The DIFC Courts as a Conduit: Saving Grace or Just a Lifeline?
…not mean that the award creditor is not permitted also to commence execution proceedings in the jurisdiction in the seat of arbitration. This is the same process as for court…
Does The Enforcement Of Annulled Foreign Arbitral Awards In The United States Come Down To Normative Judgments?
…on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention” or “Convention”) is intended to streamline the enforcement process by mandating enforcement of a foreign arbitral award unless…
Third-Party Funding In International Arbitration: To Regulate Or Not To Regulate?
…specifically designed for the arbitral process. International guidelines are generally non-binding and offer greater flexibility. The 2014 IBA Guidelines on Conflicts of Interest were the first to address third-party funding…