Could Blockchain Help the Recognition of International Arbitration Awards?
…parts of them in the process… It is a heavy handed, duplicative, inefficient and costly way of doing our work and it is all about to go. Considerably past time,…
Search Results for: due process paranoia
ICCA Sydney 2018, Investment, Investment Arbitration, Investor, Investor-State arbitration, State entity, States
ICCA Sydney: The Increasing Participation of Public Entities in International Arbitration
…uniquely in the public-private arbitration process. One such obstacle often encountered is jurisdictional challenges in the context of commercial arbitrations launched by states. Commonly these challenges are based on certain…
Africa, Arbitration, Arbitration Proceedings, ICCA Sydney 2018, ICSID Convention, Investor-State arbitration, ISDS
ICCA Sydney: New Frontiers in International Arbitration II: Potential of Arbitration Involving New Stakeholders
…4. Capacity of arbitral process to handle disputes – the arbitral process has the capacity to deal with claims other than those where a contact or treaty is invoked. 5….
Conflict Zones, Damages, ICCA Sydney 2018, ICSID Convention, Investment, Investment Arbitration, Investment protection, Investor, Investor-State arbitration, ISDS, Sovereign Wealth Funds
ICCA Sydney: New Voices
…a public call for paper abstracts and a rigorous selection process. Arbitration in conflict and post-conflict zones Samantha Lord Hill immediately set the scene for a topic that is often…
ICCA Sydney: Building Better Arbitration Proceedings – Efficiency and the Lessons to be Learned from Other Dispute Resolution Frameworks
…process of discovery and yet, it is perhaps the introduction of these tools that has allowed the process to remain laborious as they enable parties to drown each other in…
Belt Road Initiative, Evidence, IBA Guidelines on Party Representation, IBA Rules of Evidence, ICCA Sydney 2018, Parallel Proceedings, Permanent Court of Arbitration
ICCA Sydney: Hot Topics
…criminal proceedings with the principle of due process, more specifically the right to access to an international forum and the integrity of arbitral proceeding. In general, tribunals have granted provisional…
ICCA Sydney: The Moving Face of Technology
…does not jeopardise due process and the rights of parties to be heard, to receive equal treatment, and the right to present their own case. The second technology considered by…
ICCA Sydney: Building Better Arbitration Proceedings – Practical Suggestions I: Revisiting Conventional Wisdom in the Organization of Arbitral Proceedings
…stage may be denied by the tribunal. Promoting a strong foundation at the outset will almost always guarantee a smooth process. What influences conventional wisdom? Chiann Bao referred to John…
ICCA Sydney: Arbitration Challenged II – Party Autonomy in Choosing Decision-Makers: Advantages and Drawbacks – Should it be Revisited?
…to a full-scale evolution of the arbitrator appointment process – by firstly assessing the status quo regarding institutional appointment, and then proposing specific improvements to the process. Ruth Stackpool-Moore noted…
ICCA Sydney: Law-Making in International Arbitration – What Legitimacy Challenges Lie Ahead?
…Interests in International Arbitration. Legitimacy can be established in this context by ‘cross-fertilisation’ within the arbitration community and the existence of a ‘decentralised and horizontal rule-making process.’ Finally, Chief Justice…
Belt and Road: Supporting the Resolution of Disputes
…China, Paris, Kazakhstan, Kyrgyzstan, Nigeria, Southeast Asia, Japan and Hong Kong, with more to come. In the Commission’s view, the combination of the ICC’s tried-and-tested, multi-process services, its unrivalled geographical…
Arbitration, BIT, European Law, European Union, ICSID, ICSID Arbitration, ICSID Convention, Interviews with Our Editors, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, Investor-State arbitration, ISDS
Interviews with Our Editors: Interview with Meg Kinnear, Secretary General of the International Centre for Settlement of Investment Disputes
…the fourth ICSID Rules amendment process in ICSID history. The previous amendment processes brought notable additions to the ICSID Rules, such as enhanced transparency in the arbitral process (including publication…
Appellate Court Limits “Procedural Loophole” to Enforce Foreign Arbitral Awards in New York Absent Jurisdiction over the Award Debtor or Its Property
…the Albanian proceedings were contrary to the parties’ arbitration agreement, and that Albanian tribunals and procedures are not compatible with due process. Because the defendants “attacked the Albanian judgment as…
The CJEU’s Achmea Judgment: Getting Through the Five Stages of Grief
…of protection of property rights, due process and legal certainty (including legitimate expectations), which are all relevant to the legitimacy of a particular government measure. Much as tribunals may seek…
The Swedish Government Revives Efforts to Modernise the Arbitration Act
…to redraft the Inquiry into a more focused proposal (“Proposal”). During the re-drafting process, some of the Inquiry’s suggestions were discarded. Among the discarded suggestions were: (i) the suggestion to…
Is Iraq Fully Open for Business? Not Yet, But Very Soon | Iraq Energy Conference 2018
…before the elections take place) to comment on the new contract and submit their bids. It is a process that would normally take not less than 6 weeks. But attracting…
A Preview of the Forthcoming ICCA-Queen Mary Report on Third-Party Funding
…and the process third-party funders use to evaluate whether to fund a dispute. It then provides a descriptive overview of the range of means for financing disputes, including both modern…
The Act is not the entire story: How to make sense of the U.S. Arbitration Act
…arbitrability at the enforcement stage of the arbitral process. For example, in The Bremen (which involved the enforcement of a forum-selection-clause) the Court stated that international commercial contracts implicate special…
Arbitration Institutions and Rules, Arbitration Proceedings, Expedited arbitration, SCC, SCC Rules, Sweden
Expedited Arbitration at the SCC: One Year with the 2017 Rules
…for Expedited Arbitration (“Expedited Rules”), following a two-year review that took into account user feedback and the Institute’s own experience. The revision process sought to update the Expedited Rules and…
Is Online Dispute Resolution The Future of Alternative Dispute Resolution?
…asynchronous nature of online mediation may also be detrimental to the mediation process, as it breaks the momentum that a long and uninterrupted mediation session can bring. Online arbitration Online…
Arbitration as a Market
…arbitration process. Mr. Graham Coop (Partner, Volterra Fietta) spoke about competition between places of arbitration and analysed the factors leading to the choice of seat and arbitration centre. Finally, Mrs….
Africa, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, International arbitration
Impact of Foreign Direct Investment on Arbitration in Africa
…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…
A Brief Analysis of the Legal Background Surrounding Arbitration and the Enforcement of Foreign Arbitral Awards in Brazil
…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….
Revisiting Anti-Suit Injunctions Post Brexit: Some Lessons from the US
…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…