…based on a misinterpretation or a misunderstanding of the concept in question. The principle of “a fair trial” means that the parties have equal procedural rights (due process) once the…
…example of an efficiency tool: If mishandled, document production is an expensive, lengthy process without much of a result. But, if handled properly, it will indeed improve the chances to…
…is accessible to more parties in the region. In the process of organizing the LATAM campaign, we also developed another important innovation, which we are calling the Moot Arbitrator Intelligence…
…restructuring process and submitting their claims to arbitration. Arbitration becomes an escape route for creditors who do not want to accept take-it-or-leave-it conditions and are faced with domestic courts who…
…year long ‘legal scrubbing’ process – the EU’s proposal for the so-called investment court system (ICS). In parallel though, Canada accepted the old school ISDS system in the CTTP, whereas…
…equitable treatment” includes the obligation not to deny justice in criminal, civil or administrative adjudicatory proceedings in accordance with the principle of due process embodied in the principal legal systems…
…appropriate authority to decide on the question of abuse of process caused by a multiplicity of proceedings under different BITs. Three related questions were adjudicated upon by the Court: (1)…
…settle disputes. For a long time, it did not seem to be questioned that the private nature of the arbitration process also forced the parties to maintain confidentiality. However, since…
…matters with the best international standards all participants should contribute to this process. On the one hand, the above illustrated court practice provides some reasons to hope about the tendency…
…also still struggling to attract many international commercial arbitration (ICA) cases. Australia’s ICA Capacity The Austrade brochure’s Introduction first summarises the general advantages of ICA: flexibility of process, final and…
…we verify the authenticity and experience of contributors through a separate registration process. Data analytics based on this information will soon be available in our forthcoming Arbitrator Intelligence Reports, to…
…the legal system”, virtually creating a system of appeal for arbitral awards. In an effort to address these issues, Congress is in the process of analyzing a draft bill which…
…due process and therefore infringe public policy” [ROJ:STSJ M 11066/2017-ECLI:ES:TSJM:2017:11066]. Assessment The TSJM’s reasoning and conclusions are unfortunate and depart from mainstream arbitration rules and practice. Article 25 SAL…
…before arbitration proceedings or during their process, from a court an interim measure nor for a court to grant such a measure.” The provision does not distinguish on the seat…
…which the foreign investor was aware of when it received the assets in question. The Claimant maintained that the investment was made lawfully through a public tender process. In its…
…is an ongoing process and should start from the very outset of the arbitration – in fact, even before the dispute arises – and continue until the end of the…
…characteristic of international arbitration. The flexibility inherent in the arbitral process allows tribunals to conduct the proceedings (ideally) in an expeditious manner. One common method used by tribunals is to…
…these arguments are premised on the assumption that a non-participating party is an abuser of process out to obstruct a process that it had earlier signed up for. Whilst that…
…the final, executed version of the clause is of course derived at through a process of negotiation between the parties prior to execution of the documentation, and this will determine…
…different stages. For example, some lawyers may be in charge of the drafting of the contract and the bidding process; others may be assigned to the day-to-day activities of the…
…process but the danger is that at a later stage they may influence negatively the general conditions. Ambiguity is often used as a tool to finalize the contract during negotiation,…
…the legal framework controlling all legal aspects of the arbitral process. As discussed by Clyde & Co here, the seat of the arbitration will normally determine the law applicable to…
…terminating a smart contract on a public blockchain a far more complicated process than modifying any software code. This could result in (1) yielding higher transaction costs; and (2) increasing…
…the vending machine. With a vending machine for soft drinks, one can insert a dollar for instance and gets back a soft drink. However, the process of a vending machine…
