…to be used in international arbitration for the following reasons: Private: To ensure the confidentiality that is usually highly regarded by participants in the arbitral process. Permissioned: To ensure that…
…based on case experience, simplify the rules, and make the process increasingly time and cost effective while maintaining due process and a balance between investors and States. On the basis…
…Investment Guarantee Agency, mandate for the insured to engage in arbitration as a precondition for the grant of PRI compensation. They grant PRI payment if the arbitration process has failed….
…due process, and ultimately that the arbitration process is legitimised through the satisfaction of its users, who must be afforded the opportunity to present their case. 3. A fracture –…
…investigate allegations of corruption. The Court simplified its reasoning by distinguishing between what it termed the “Due Process Ground”, the “Defective Arbitral Procedure Ground” and the “Public Policy and Corruption…
…intended to “protect the integrity of the process are abused.” How to solve the third-party funding problem? Third party funders and their involvement in conflict of interest situations is and…
…host country when negotiating project agreements. In a competitive bidding process, a lot of terms can be non-negotiable in practice. For example, in the some Middle East countries, the construction…
…the institutions in the decision making process posing the question: who decides things at each of the panel members’ respective institutions? Each of the panellists introduced the decision-making bodies in…
…Hanotiau said that practitioners and arbitrators need to step up to the plate by adapting and improving their practice of the arbitral process. This can be done by making use…
…deal with such claims or defences without breaching a party’s right of due process, particularly in view of recalcitrant respondents who run unmeritorious defences to filibuster the arbitral process. Mr….
…involvement of the State in the bankruptcy process. Instead, the claimants relied on the attribution of the conduct of the liquidator, the Bankruptcy Council, the Bankruptcy Court, the Bankruptcy Judge…
…ratio decidendi, which can only be achieved by the rationalizing process of sorting and applicating facts and legal criteria, a process which must be linguistically expressed and comprehensible: as Castanheira…
…this option during the drafting process and consultation of stakeholders? There is no answer on the specific issue of arbitration and interpretation. Nevertheless, the ISA and its stakeholders are aware…
…why a party would comply with an award including acceptance of the result following a fair process, resignation to the finality of the result and reputational concerns. A review of…
…this process it ignored the more importunate issues which plague Indian arbitration landscape. Below is an analysis of some important policy flaws in the Report which have crept into the…
…arbitration. Second, the interests and intentions of the parties to the arbitration must be assessed with due regard to the principles of fairness and due process. Third, a stay should…
Party Appointed Arbitrators and the Drive for Diversity Over the last 8 years, BCLP’s International Arbitration Group has conducted a number of surveys on issues affecting the arbitration process. In…
…facilitate arbitration, it may be used as an addendum to arbitration, rather than as a stand-alone process. On the other hand, litigation is unlikely to remain costly, complex and time-consuming…
In August 2017, the Hong Kong International Arbitration Centre (“HKIAC”) launched a rules revision process to consider amendments to the 2013 HKIAC Administered Arbitration Rules (“2013 Rules”), having regard to…
…domestic scene by applying best practices. It is essential that arbitration practitioners have good training or first-hand experience with the process. This training, which should be continuing, is best served…
…existence of a “defined legal relationship” from elements external to FIFA’s statutes. Furthermore, the Court’s insistence on this criterion was based on widely applicable general principles of due process. It…
…of mathematical rigor, but they all underscore the importance of how data science can greatly improve the quality and efficiency of the legal process from document discovery to predicting potential…
…arbitration process are made public, subject to certain safeguards, including the protection of confidential information or the integrity of the arbitral process. The Registry, as the central repository for the…
…international arbitration and the PRC legal system and process. This article outlines practical considerations for preparing Mandarin-speaking witness evidence and conducting cross-examination in international arbitration. Mandarin-speaking witnesses will also find…
