Kluwer Mediation Blog – April Digest
…Impact Of Third Party Funding On The Mediation Process (Part 2), Geoff Sharp and Bill Marsh share their thoughts on the impact third party funding has on the mediation process….
Search Results for: due process paranoia
The Contents of Journal of International Arbitration, Volume 34, Issue 2, 2017
…new challenges for users, arbitrators, as well as the ICC Court and its Secretariat. In practice, expedited procedures may increase due process challenges by dissatisfied litigants, before and after awards…
Where Angels Fear to Tread: The Availability of Disclosure in Support of an Application to Remove a Tribunal
…expense and with minimal Court intervention. Popplewell J commented that the s.24 process is an intrusion by the courts into the arbitral process (especially where, as here, the arbitral institution…
Taming the “Mercantile Adventurers”: Third Party Funding and Investment Arbitration – A Report from the 14th Annual ITA-ASIL Conference
…legitimacy of the arbitral process risks being undermined. • Second privilege. While in the U.K. and the U.S. common interest privilege would likely cover a claimant and funder working together…
Arbitration institution, Arbitration Institutions and Rules, Arbitration Pledge, Costs in arbitral proceedings, Diversity, Surveys
Arbitral Institutions Are Doing Their Bit; What About The Other Players?
…proved to be positive in itself was the very data gathering process from the various institutions in that it revealed a growing willingness by the institutions to publish and share…
Arbitration, English Arbitration Act, LCIA Arbitration, LCIA Guidance Notes for Arbitrators, LCIA Rules, Tribunal Secretary
When Does a Tribunal Secretary Overstep the Mark?
…time efficiency. For some however, there is a fear that arbitrators delegate their duties and for a ‘second’ or ‘fourth’ arbitrator to be involved in the decision-making process (contrary to…
Rome Wasn’t Built in a Day: Progress Report on the Creation of a UNCITRAL Convention on Enforcement of Conciliated Settlement Agreements
…for settlement agreements reached with the mere involvement of a judge or an arbitrator in the conciliation process. It was also proposed and examined whether to exclude settlement agreements approved…
Arbitration of International Factoring Disputes: Back to the Origins
…the 1960s, in order to overcome the practical challenges associated with factoring cross-border transactions, the process had evolved (led by the European market) into the more complex process of “two…
Arbitration, Arbitration Awards, Bribery, Enforcement, Greece, ICC, ICC Arbitration, International arbitration, Public Policy
Government Procurement, Bribery, and an Olympic Size Scandal at the ICC
…and investigations are still in the process of untangling a web of corruption in both Greece and Germany) will inevitably take a long time to resolve. An arbitral process however…
Kluwer Mediation Blog: March Digest
…a recent event in Edinburgh at which John and his colleague, Charlie Woods, acted as mediators in a simulation of a mediated process involving 10 delegations representing different interests in…
Does Cultural Diversity Improve or Hinder The Quality of Arbitral Justice?
…process of determination of facts and application of the facts to the law (and the interpretation thereof) is a deeply cultural exercise. Facts always grow out of cultural interactions. When…
How Legal Traditions (Still) Matter in International Arbitration
…Bryan Cave. Dirk De Meulemeester, President of the CEPANI, and Maria Gritsenko gave the introductory notes. Arbitrator nomination and appointment When it comes to the arbitrator selection process, mixed perceptions…
Antitrust arbitration, Arbitration clause, Competition Law, European Law, European Union, Multiple parties
Antitrust Arbitration in Europe (Part I): Improving Private Enforcement by Removing Procedural and Evidential Barriers in Arbitration
…the Directive in their national laws, whereas the remaining 18 countries are in different stages of the implementation process. This Directive is the first EU legislation that addresses directly the…
The Winner of 2017 GAR Awards for Best Innovation?: Transparency & Diversity
…three projects, we are writing this collective blog post because we believe that the process of selecting a single project as the award winner blurs the collective purpose of our…
S.18 of the Arbitration Act 1996 – When And How To Use It – Silver Dry Bulk Co Ltd (Claimant) v Homer Hulbert Maritime Co Ltd (Respondent), 13 January 2017.
…process, but does so without requiring the final determination of issues affecting the arbitral tribunal’s jurisdiction […] (applying the kompetenz-kompetenz principle).” The decision provides an interesting, if unusual, illustration of…
Global Geopolitics and International Energy Arbitration: a Report from the 4th Annual ITA-IEL-ICC Joint Conference
…the arbitral tribunal and process, moderated by James Tancula and comprising of Rocío Digón (ICC International Court of Arbitration, SICANA, Inc., New York), Mark Kantor (independent arbitrator, Washington), Clyde W….
Facing the Next BIT Negotiations: Argentina’s Approach to the FET Standard
…specific representations to investors; denied due process to investors; did not provide transparency in the legal procedure or in State’s actions of State; acted either in a way that evidenced…
Kluwer Mediation Blog – February Digest
…process of giving a profound apology. In The Mediator Who Planted Trees, Martin Svatos shares an allegorical tale of how destruction and adversity can be defied by single-handed, persistent effort…
What Role Shall Play the Qatar Financial Center Civil and Commercial Court under the new Qatari Arbitration Law?
…agreement, the irregular appointment or composition of the arbitral tribunal, the violation of due process principle, the ultra-petita nature of the award, etc. Similarly, the QFC execution judge shall have…
Arbitration, ASEAN, Asia, Asia-Pacific, Australia, foreign direct investment, Regional Comprehensive Economic Partnership, Trans-Pacific Partnership
International Investment Arbitration Across Asia: A Symposium
…led to the conclusion that although ISDS claims did not necessarily stop the process of signing the international investment treaties, they considerably slowed down the process. Dr Shiro Armstrong (Australian…
Termination of BITs and Sunset Clauses – What Can Investors in Poland Expect?
…including all intra-EU BITs, may – sooner rather than later – wake up in a quite different legal landscape. This entry highlights the potential termination process of the treaties and…
CIETAC, HKIAC, HKIAC Rules, Hong Kong, Intellectual Property, Intellectual Property Rights, Third party funding
Arbitration in Hong Kong: The Year of the Monkey in Hindsight
…HKEC 2128 by which the Hong Kong court confirmed the circumstances in which it will set aside an arbitral award on the grounds that the arbitral process and enforcement violated…
Daman v. Oger: The First Decision of the Dubai-DIFC Judicial Committee (Part 1)
…before the DIFC Courts. This gave rise to a concern of conflicting outcomes from the process before the onshore Dubai Courts and that before the DIFC Courts, hence creating a…
We Need Your Input! on The Arbitrator Intelligence Questionnaire
…Kluwer blog post – transparency, the arbitrator selection process, and diversity – go to the heart of AI’s mission. The AIQ is our means to accomplish these aspects of our…