…A special feature of FIDIC forms of contract is its built-in dispute resolution process through adjudication by a Dispute Adjudication Board (DAB). One of the key perceived advantages of FIDIC…
…economic entity/corporate group with common management and shareholders; (v) prima facie the filing of two BIT arbitration proceedings in such circumstances was an abuse of the process of law and…
…of an award issued by privately appointed arbitrators. The discussion during the workshop revealed that the right to nominate arbitrators actually enhances the legitimacy of the process in many ways….
…arbitration and resume arbitration upon a party’s request. Stipulate that an arbitrator or emergency arbitrator may not participate in the other dispute settlement process if he or she may be…
…respect to which Vodafone (Netherlands) is already engaged in an arbitration with India. Therefore, the duplication of claim amounts to abuse of process and is oppressive and vexatious. There may…
…“non-paper” to the EU Council’s Trade Policy Committee suggesting the possibility of “phasing-out of existing intra-EU BITs”. Thus, while the process is still ongoing and the ultimate outcome remains unclear,…
…process innovation to default ODR policies and practices”, discussed what corporate in-house currently do with the means available to them to resolve disputes, and whether they see online dispute services…
…the process and make online justice happen. François Zimeray, ambassador of France in Denmark and former human rights ambassador gave a keynote speech about human rights. He stated that putting…
…arbitral process has become formalistic, technical and generally complicated. The procedural pattern is largely identical irrespective of the values at stake and where in the world the proceedings take place….
…to set aside one of the awards for serious irregularity in the arbitration process (such as failure to accord a fair hearing), which it subsequently withdrew without explanation. In response…
…considers whether the dialogue process could be more effective should these differences be clarified before the process commences. In the Future of ADR Between Investors and Public Authorities, Rafal Morek…
…is indeed a pro-arbitration development in India. It is hoped that this process is systemized whereby the parties can approach designated arbitral institutions directly for such purpose, instead of the…
…third-party funding. It begins with an examination of the reasons parties seek funding, and the process funders use to evaluate whether to fund a dispute. It then provides a descriptive…
…the right arbitrator or the research that goes into that process – choosing the right decision-maker can make or break a dispute for a number of reasons ranging from ability…
…simply adding more specific language to their new BITs. But what can they do with the existing treaties? Due process concerns Joint interpretative statements, as explained in the first part…
…“amended” its original BIT with Bangladesh without going through a lengthy and costly process of formal treaty renegotiation and amendment. If so, the question is what status such a “backdoor”…
…• A Thought Leadership Chair, who will: – lead the Young ITA Award review and selection process, – review and edit Young ITA contributions to publications, and – identify topics…
…to review any proposal to invest within the country regardless of whether it was substantial or minor. The process was thus long and costly for potential investors. With the new…
…faced with enforcement amount to abuse of process? Article V(1) was not drafted to protect the rights of sovereign states; it was drafted to protect the rights of the losing…
…claims and otherwise provide for greater involvement of states in the dispute resolution process.’ In the alternative – appellate mechanisms in the existing BIT’s If India chooses not…
…a critical assessment of the findings reached by the tribunal in the previously resolved Spanish solar energy dispute in Charanne v. Spain, a process recently called by another author “cross…
…whether he knew the process was an “arbitration proceeding.” Public policy: Castro argued that the arbitral award violated public policy because it did not comply with Jones Act requirements granting…
…the ICSID Convention. In 2009, after the new Constitution of Bolivia was enacted, the government announced that it would start a process of denunciation and renegotiation of all these bilateral…
According to a recent announcement, the International Chamber of Commerce (ICC) International Court of Arbitration is set to open a representative office in the Abu Dhabi Global Market (ADGM), a…
