…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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’,…
…[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…
…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…
…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…
…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…
…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…
…out the process towards the conclusion and implementation of an international instrument (the “Convention”) establishing a MIC system. The Convention will deal only with procedural matters. In turn, the applicable…
…alike apparently agreed that international commercial arbitration is still the most predominant way of resolving disputes worldwide, and its evolution is somewhat of trial-and-error process. Discovery, Third Party funding and…
…lessons learnt during the process of developing this strategy, the full text of which can be found here. In “The Mediation Bug. The Bucerius Law School Hamburg Mediation Competition, And…
