…of Investments signed between Poland and Portugal on 11 March 1993 (“Poland-Portugal BIT”). Ironically, the process began at the worst possible time – when Poland’s governing party tries to put…
…December) and follows the UNCITRAL Model law (as amended in 2006). The law embodies fundamental principles such as party autonomy, Kompetenz-Kompetenz, separability, equality of the parties, due process and finality…
…for the recognition and enforcement of decisions of the International Arbitration Centre will follow that of the process set out for the recognition and enforcement of arbitral decisions made by…
…of the main characteristics of arbitration. Indeed, Article 8(3) of the Law explicitly states that arbitration proceedings are confidential, meaning that nothing that happens during the arbitral process can be…
…of due process This identical requirement is maintained under Section 2(b)(4)(E) of the 2015 Trade Promotion Authority under which the TPP was negotiated and under which President Trump is acting…
The process of document production in international arbitration is important. Documentary evidence is often the primary category of evidence; and legal costs associated with it tend to constitute a significant…
The U.S. District Court for the Southern District of New York has enforced a P&I Club’s internal claims appeal process as a legally binding alternative dispute resolution (“ADR”) method, rejecting…
Firms will often write that for effective representation it is best to engage law firms at an early stage in the dispute process. Whilst there may be some merit in…
…Third-party funding in some shape or form of impecunious parties’ arbitrations is almost as old as the modern process of arbitration itself. One cannot deny that arbitration is, in general,…
…This showed that express authorisation of third party funding in arbitration had overwhelming support in the territory. Some 97% of those who took part in the consultation process – arbitrators,…
In June 2014, at the ITA Workshop in Dallas, I heard a passionate woman presenting her mission of increasing fairness, transparency, accountability, and diversity in the arbitrator selection process, and…
…we are still thinking about how we can promote mediation on a wide-scale, twenty to thirty years after it began to show itself, world-wide, to be a really useful process….
…of evidence, and the decision-making process of the court or tribunal, but also the procedural rights and obligations of the parties and the standards of conduct for their counsel in…
…from the dispute resolution process; what should be changed to meet their expectations; and who should drive these changes? The answers to these questions arrive at a time in which…
…9 October 2003, the Portuguese Supreme Court of Justice decided that the right to a fair and adversarial process, the right of access to justice and the ‘‘pact sunt servanda’’…
…in international arbitrations turns on two key questions: • Whether unilateral appointments undermine the legitimacy of the arbitral process and its outcome in the eyes of the parties; and •…
…inspired by the UNCITRAL Model Law on International Commercial Conciliation (the “UNCITRAL Model Law”), but includes several local modifications. From the drafting process, the Decree has attracted the attention and…
…the higher court. A claimant should be prepared for long-lasting procedures since there is a risk that the case will pass through all instances. The whole process may last from…
…organization’s mission to make the arbitrator selection process more transparent will benefit the arbitration process, which will ultimately benefit the arbitration community.” AI is a non-profit, university-affiliated entity that aims…
…of the host State unresolved. This is because the process arguably grants the arbitral tribunal tremendous powers in deciding issues that have important judicial and regulatory implications of a host…
…evidence” that the Executive Order is meant to serve national security interests, including: > The exclusion of national security agencies from the decision-making process; > The post hoc nature of…
…and material minimum standards of due process and the right of defence. Spanish public policy also includes imperative norms relating to the freedoms guaranteed by European Community law. However, it…
…in order to help the tribunal’s decision-making process. The views expressed in this article are those of the authors alone and should not be regarded as representative of, or binding…
Helsinki International Arbitration Day (HIAD) is an annual arbitration conference organized by the Arbitration Institute of the Finland Chamber of Commerce (FAI). It was held for the sixth time in…
