…efficient and appropriate manner possible, thus highlighting the adaptiveness of the ICC’s summary dismissal procedure. Second, the flexibility of the summary determination process − right from the application through…
…emphasized the “critical importance” of ISDS in NAFTA and stated that ISDS “upholds the same fundamental due process and private property guarantees protected by [the U.S.] Constitution, and it obligates…
The first publicly available decision issued under the international arbitration process provided for under the Accord on Fire and Building Safety in Bangladesh (‘Bangladesh Accord’) (note that Roger Alford previously…
…in the votes of 46% of all participants, and 38% of business parties / in-house counsel). Control over process and outcome is a common theme of comments by corporate counsel….
…Disputes Act, 1947 and concludes that the Act provides for a unique process for arbitration of collective labor claims. It therefore concludes that if there were to be adjudication of…
…play a role to resolve them, especially when they arise at an earlier stage of the transaction. Pre-closing disputes The entire process of an M&A transaction can last several months,…
…(analyzed here) . The PCA had to decide the appropriate standard for impartiality of arbitrators, and in the process, deal with the novel question of whether inter-State arbitration should be…
…opinion. The directive also contemplates a permanent Alternative Dispute Resolution Commission. Procedure The arbitration process is also subject to a strict timetable, with a normal overall time limit of 18…
…the money laundering process. So how should counsel and arbitrators respond to issues of money laundering? What are their obligations and what are the risks, if any, of failing to…
…information gathered in this process will be summarised in a report to be published in the near future. The increased importance of introducing effective collective redress instruments in Europe is…
…growing distrust of the institution of the arbitral process (an example being the Tapie case in France, where the process was tainted by otherwise respected figures). Chief Justice Roberts eloquently…
…passes the scrutiny, the Proposal will be submitted to parliament for approval. It will no doubt be a long time coming ― and the process might suffer some delays given…
…context, holding that reasons are a function of due process and therefore of justice. The New Zealand Court commented that this underlying purpose is common to both arbitral and judicial…
…have not been revealed during the arbitral process, can unknown conflicts of interest be a basis for an effective challenge to an arbitrator or an arbitral award? Should all kinds…
…tribunal. Like all arbitration, ISDS was also seen as creating enforceable decisions through a customizable and inexpensive process. By their nature, bilateral agreements focused on the protection and promotion of…
…QMUL in partnership with White & Case in 2010, 2012 and 2015 considered themes including corporate choices in arbitration, current and preferred practices in the arbitral process, and innovations and…
…to comply with procedural orders, excessive legal arguments or exaggerated claims, dilatory tactics, due process paranoia etc.3)DOUG JONES, Using Costs Orders to Control the Expense of International Commercial Arbitration, The…
…process. The exact scope of this freedom is unclear, especially where fundamental rights of the European Convention of Human Rights (ECHR) are at stake. On 1 March 2016, the European…
…arbitrating. In addition, I learned firsthand how various aspects of the institutional process, like arbitrator appointments and challenges, function. My time in Stockholm also gave me the opportunity to meet…
…Topics addressed include how the conciliation process works, how Söp measures its success, the value of conciliation and the future of conciliation and ADR. In Your Truth, My Truth And…
…the arbitral process or to preserve evidence relevant to the case. If the tribunal considers that prior disclosure of the request for interim measure would jeopardize its purpose, it may…
…of arbitral proceedings may result in further risks and liabilities. Yet, given their role in the arbitration process and the liabilities to which they are already exposed, devoting resources to…
…process. Academics have also sought to address concerns about the legitimacy of international arbitration, primarily in the form of an ever-increasing number of empirical studies relating to the nature and…
…considered this would be an abuse of process because Messrs Becchetti and De Renzis would be on bail, subject to bail conditions, for an indefinite period of time, which would…
