…of the FET standard, but rather as a factor to be taken into account when assessing other elements (arbitrariness, due process). I have only found a few exceptions: the majority…
…the two judgments is that the distinction between them nicely illustrates the fact that the challenge process in Sweden works as intended. An arbitral award should not be set aside…
…and due process. This ruling is based on Article 12 of Law No. 489-08 on Commercial Arbitration (the “Dominican Arbitration Law”), which incorporates the principle of kompetenz-kompetenz into the Dominican…
…seat an arbitration in a jurisdiction that they believe will provide the greatest stability to governing the arbitration process. This article considers the reasons why parties often choose to seat…
…AI-linked initiatives and analyzing employee ideas to use AI to support case filing, create improved tools, improve process quality, and speed up workflow. The potential ADR use cases being worked…
…about 15 jurisdictions. Stefan Deaconu (Court of International Commercial Arbitration, the Chamber of Commerce and Industry of Romania) emphasised the importance of maintaining trust in the arbitral process, tracing back…
…them invaluable first-hand exposure to the process and an opportunity to learn from leading arbitrators. We also frequently host training sessions and workshops led by international experts to strengthen knowledge…
…state aid measures. While Spain argued that it had initiated the authorization process and was subject to a “standstill obligation” (“Stillhalteverpflichtung”) during this process, the LG Essen noted that the…
…that was more suited to judicial decisions. By doing so, the Supreme Court improperly imposed judicial expectations on the arbitral process, transforming the limited jurisdiction of the court under Section…
…2012 by assisting Mayor Villaran’s anti-impeachment process. Additionally, the Municipalidad de Lima claimed that Odebrecht had made two payments in 2014 to secure the Bankability Addendum to the contract. In…
…Notably, in Heavy Industries, the court was asked to set aside an entire merits award on due process grounds. The underlying arbitration agreement in Heavy Industries provides for ICC arbitration…
…addition, that witness was a native English speaker, such that there would have been no need for interpretation of his evidence, simplifying the evidence-taking process. Thus, videoconferencing in this case…
…had dismissed Venezuela’s remaining objections, including its claim that the restructuring (which gave rise to the investor’s protection under the BIT) constituted an abuse of process. In its decision 4A_398/2021…
…the “reverse debate,” asking whether (from the P&ID experience) there is something lacking in the arbitral process when high value cases and state entities are involved. There was a general…
…Economic and Trade Agreement, have been subject to legal challenges which has hindered their ratification process. This raises a broader issue of reform process rather than reform content: namely, that…
…LC until a final award was issued in the arbitration process (“PO No. 11” or “Interim Order”). In December 2013, the tribunal ruled in Bombardier’s favour, finding that no payment…
…Intelligence Systems The JAMS AI Rules provide a novel process for the production and inspection of “any AI systems or related materials” as a safeguard to protect the sensitive and…
…This straightforward legal process became complicated due to various judgments that muddled the legal landscape, entangling Pakistan’s arbitration practice in unnecessary controversies for over a decade. The Taisei Corporation…
…control over the dispute resolution process. This aims to enhance satisfaction and perceived fairness by engaging parties more directly. Additionally, the 2015 Queen Mary/White & Case International Arbitration Survey pointed…
…an advisory centre can deliver on these demanding expectations. These questions hinge on the centre’s mandate, its resourcing and its place within the wider ISDS reform process. The next few…
…reference or procedural order no. 1. Avoiding ‘due process paranoia’: maintaining neutrality and avoiding overreacting to dilatory tactics. Addressing and sanctioning misconduct: imposing cost sanctions for misconduct, either during or…
…a remarkable degree of authenticity, even though the underlying mechanism is more akin to a sophisticated statistical estimation than a transparent reasoning process. This thus gives rise to “hallucinations”, which…
…mining disputes will be discussed including some of the advantages and limitations of the process, as well as considerations for drafting effective clauses. This post will then provide an overview…
…of novel ventures ranging from controlling the vast US-Mexico remittances market, to scamming U.S. seniors with beachfront timeshares. Amid an expansive process of diversification, in which organized crime seeks to…
