…Though the US Court of Appeals have affirmed that any question on applicability of confidentiality in arbitration is a question on the very nature of the process, it is erroneous…
The first blog in this two-part series, published last year, discussed the growing concern of arbitration users over “due process paranoia”. In that first blog, due process paranoia was defined…
…while SCC and ICAC introduced new rules for 2017. SIAC also released its draft Investment Arbitration (IA) Rules, followed by a public consultation process and finally enactment of its new…
…of the main reasons they choose arbitration is the confidentiality and privacy of the process. The challenge for 2017 will thus continue to be the need to strike the right…
…by the parties. Any DAB decision will lead to finality unless a notice of dissatisfaction is served. In contrast, the emergency arbitrator process is always a precursor to arbitration: as…
…equitable treatment clause, the damages award was only US$ 13.41 million. A consortium of five companies, including Hochtief, a German construction company, participated in a bidding process for the construction…
…Survey). The expertise of potential arbitrators is followed by efficiency, for which 91% of respondents opined as a “very important” or “important” consideration in the nomination process (page 9 of…
…the process because of Slovenia’s serious violation of the Agreement in mid-2015. Kluwer Arbitration Blog has previously published a story about this scandal. During the annual conference of Slovenia’s ambassadors,…
…in response to comments made during the public consultation process. The IA Rules come at an important time, where a significant number of arbitral institutions continue to search for new…
…other countries are in the process of following their steps. Singapore and Hong-Kong are meaningful examples of this cultural shift. On 10 January 2017, the Singapore Parliament amended the Civil…
…international commercial arbitration and due process should manifest themselves and snap the respondent’s hope of overturning the machine from its rightful path to justice. This ideal world of international commercial…
…of accounts which could be looked into “even by the arbitrator.” This statement clearly has the undertone of a lack of confidence in the process of arbitration. Even though, post…
…another sensitive and critical part of any arbitration that, as Peter Ashford has written, “serves as part of a process towards a final determination on the merits.” As William W….
…in the DIFC. This will naturally import the efficiencies of the DIFC Courts in their role as curial courts into an EMAC arbitration process. It further bears mentioning that the…
…guidance from the 2012 revision of the ICC Rules, the revised DIFC-LCIA Rules introduce into the appointment process the notion of the tribunal’s availability. Pursuant to Art. 5.4 of the…
…proceedings have become, or are in the process of becoming, protracted in complexity or duration of time. In any case, practitioners should only seek recourse with the Tribunal when the…
…International Counsel for Arbitration for Sport (ICAS) and the CAS itself. Therefore, how would ICAS and CAS decide a challenge of an arbitrator for alleged breach of due process in…
…dispute was dismissed as an abuse of process, and the investor was ordered to pay nearly US$10m in costs. One wonders if Planet Mining’s views on ISDS have now changed….
…In Part 2, Geoff Sharp and Bill Marsh will compare notes on how third-party funding impacts the mediation process. Sabine Walsh and Margaret Bouchier explore recent research conducted by the…
…due process violation. To hold otherwise would be to say that the Constitution affords no protection against a government’s knowing decision to poison the air its citizens breathe or the…
…and banking industry, “asset management” is a process which aims to substantially expand the client’s financial portfolio. In order to do so, this process combines research, interviews, and statistical analyses…
…in some jurisdictions), the general unfamiliarity with the process and, in particular, a lack of trust in the process, as they perceive arbitration to be a “small club” with only…
…competing concerns, given the centrality of party choice to the arbitration process, the absence of clarity over conflict of laws is a sacrifice worth making to maintain the validity of…
…Supreme Court is certainly to be welcomed. From both arbitrators’ as well as counsels’ perspective, it provides essential guidance: in the process of drafting their awards, arbitrators will forthwith have…
