Tips from the Top: Young ICCA interviews Augustin Barrier, Lalive
…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…
Search Results for: due process paranoia
The Death of ISDS?
…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…
Challenging Arbitral Awards before the Singapore Courts for a Tribunal’s Failure to Give Reasons (Part 2 of 2)
…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…
Announcement, Arab World, Arbitration, Enforcement, foreign direct investment, Iraq, New York Convention, World Bank
Finally, Iraq Says Yes to the New York Convention
…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…
Challenging Arbitral Awards before the Singapore Courts for a Tribunal’s Failure to Give Reasons (Part 1 of 2)
…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…
Arbitration, Arbitration Institutions and Rules, Arbitration Pledge, Arbitrators, Belt Road Initiative, Diversity, Technology
10 Hot Topics for International Arbitration in 2018
…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…
FAI Arbitral Tribunal’s Decision concerning the Disqualification of Counsel in Arbitral Proceedings
…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…
Will the Commercialisation of Blockchain Technologies Change the Face of Arbitration?
…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…
Indonesia: Enforceability of Foreign Anti-Suit Injunctions under Indonesian Law
…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…
Kluwer Mediation Blog: February Digest
…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…
Arbitrating Fast and Slow: Strategy Behind Damages Valuations?
…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…
Arbitrator Intelligence: The Basics
…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…
Corporate Counsel Considerations in Choosing Dispute Resolution Methods
…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…
International Arbitration and Artificial Intelligence: Time to Tango?
…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…
Can A Party Challenge The Application Of The IBA Guidelines On Conflict of Interest?
…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…
The Contents of Journal of International Arbitration, Volume 35, Issue 1, 2018
…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,…
Arbitrability of Lease Deed Disputes in India – The Apex Court Answers
…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….
The DIS Rules of Arbitration of 2018
…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…
Israeli Arbitration Law in Knots? Foreign Service of Process for ‘Made in Israel’ Awards
…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…
International Politics vs International Justice: No Room for Investor-State Arbitration?
…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…
Paving the Way Forward: the Supreme Court’s Ratification of Grounds for Annulment of Arbitral Awards in Argentina
…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…
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,…
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…