Sanctions Disputes and Arbitration: It’s a Mess!
…and it can be messy. For example, Russia has introduced a new approval process before the sale of many assets as well as an “exit tax”. Western sanctions have introduced…
Search Results for: due process paranoia
The Contents of Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, Volume 89, Issue 4 (2023)
…VCLT, precedent, policy, customary international law, and general principles of law play their own part in the decision-making process. Adolf PETER, Climate Change and Supply Chain Arbitrations: Impact of…
The CIETAC Arbitration Rules 2024 Comes Into Force
…early dismissal. To provide a fair and efficient process and avoid any unnecessary delay or expense, Article 50 of the 2024 Rules provides that a party may request the early…
Young Arbitrators Sweden (YAS) Arbitration Day 2023 Recap: Celebrating 20 Years of Innovation and the Advantages of the Odd “Loose Cannon”
…and priority to ensure effective case administration and to reduce “the risk of filibustering”. There is no risk to due process, as an arbitral tribunal, faced with an ongoing jurisdictional…
Recent Decision of the General Assembly of the Dubai Court of Cassation Brings the Consequences of Non-payment of Arbitration Costs in DIAC Arbitration in Line with International Best Practice: Long Live the General Assembly!
…arbitration obligation, terminate the underlying arbitration process, and trigger the general jurisdiction of the Dubai Courts to hear the Parties’ dispute. In the words of the Dubai Court of Cassation…
French Courts Keeping the Door Open for Dual Nationals’ Claims?
…BIT, Articles 2(b)(i) and (f)(i), Venezuela-Colombia BIT (previously discussed here)) However, treaty modification is a long-drawn process, and until then, the question of dual national claims will remain open. Meanwhile,…
The Double Hatting Paradox in Investment Arbitration: Justification For Abolition?
…enhancing the legitimacy of the process. As already explained, the remaining issues with double hatting can be addressed in various ways rather than adopting an absolute ban. From these perspectives,…
Arbitral seat, Arbitration Act, Arbitration institution, Arbitration Institutions and Rules, Japan, Japan Commercial Arbitration Association, JCAA
The JCAA Celebrates 70 Years of International Arbitration in a Changing World
…the gradual increase in arbitration cases over the decades. He also emphasized that the recent legal reforms have further streamlined the arbitration process in Japan. Current State and Future…
Interviews with Our Editors: In Conversation with Datuk Sundra Rajoo, Director of the Asian International Arbitration Centre (AIAC)
…during my earlier tenure as Director of AIAC. Even though I was resoundingly vindicated by the Malaysian High and Federal Courts in a process that ended in April 2021, AIAC…
Building Bridges, Resolving Conflicts: Government Construction Contracts and Arbitration in the UAE
…multi-tiered dispute resolution process, with an emphasis on the amicable settlement of disputes. The process typically first involves submitting disputes for adjudication by an Engineer or a Dispute Board. If…
Arbitration, Arbitration Institutions and Rules, Climate change, Energy, Investment Arbitration, ISDS, Kluwer Arbitration Blog, Legitimacy
From the Editors of Kluwer Arbitration Blog: 2023
…from our Editorial Board, as well as the swift editorial review process. With over 4,380 Blog posts published in almost 15 years of existence of the Blog, the diversity…
2023 Copenhagen Arbitration Day Recap: The Future of Arbitration
…panel allowed audience members worried about due process to breathe sighs of relief. Professor Friedrich Rosenfeld suggested that there was no need for due process paranoia because many courts have…
Recent Updates by the ICCA Handbook: A Throwback to 2023
…reforming the Indian international arbitration framework. This initiative, particularly aimed at minimizing court involvement in arbitration proceedings, marks a notable step towards streamlining the arbitration process in India. Pakistan: New…
Is the Conclusion “the Tribunal did what it did with what it had” Enough? Comments on Nigeria v P&ID
…resolution process.” (§14) Justice Knowles concluded that the award obtained by P&ID was fraudulent and against public policy. (§574) This conclusion was based on three crucial findings. Firstly, P&ID presented…
Is the City of Lights Losing Its Allure? Highlights from the Paris Arbitration Breakfast Conference on the Seat of Arbitration
…highlighted the pivotal role of local courts in supporting the arbitration process. He mentioned how without the support of the local courts even the most adept marketing efforts can only…
UNCITRAL Working Group II 78th Session: Seeking the Balance Between Innovation and Due Process
…practice, while, on the other hand, containing sufficient quality and due process safeguards. The tension between these two worthy goals and the search for the golden middle between them will…
Africa, Institutional Rules, Interview, Interviews with Our Editors, LACIAC, Nigeria, Nigeria Arbitration and Mediation Act
Interview with Our Editors: Nigeria and Lagos Chamber of Commerce International Arbitration Centre in the Spotlight with Abimbola Akeredolu SAN
…are able to have their resolution process administered under the auspices of LACIAC. The Rules include provisions on the referral process, duties and powers of the adjudicator, conduct of the…
Redefining Resolution in Data Disputes: Why Arbitration Holds the Key
…privacy, a level of protection not always available in court proceedings. Moreover, as an expeditious process arbitration can reduce the risk of exacerbated damages or lost critical evidence, unlike prolonged…
CIAM New Arbitration Rules: A Leap Forward for International Arbitration in Spain?
…Therefore, thanks to this new system, the duration of the process of appointment and confirmation of arbitrators is expected to be significantly reduced. The new Rules eliminate the need for…
Evidence in International Arbitration: A Wild Horse That Has Yet To Be Broken?
…accustomed to discovery. For tribunals to take this desired intervention, Toby Landau KC considered that: counsel must not stoke the ‘due process paranoia’ of tribunals by levelling dubious submissions concerning…
The Chilean Experience: Practical Aspects of an Application for Set Aside an International Commercial Arbitration Award
…the process to resolve an application to set aside awards has evolved in practice in Chile (“Application for Set Aside” or “Application”), the sole remedy provided by the LACI to…
New York Arbitration Week 2023 Recap – Obtaining Evidence in the United States from Non-parties to an International Arbitration in a Post-1782 World
…is justified. Tribunals may well inquire whether the parties have exhausted all avenues available to them within the arbitral process to obtain the evidence they need before petitioning the tribunal…
Artificial Intelligence, Ethics, Mediation, New York Arbitration Week, Singapore Mediation Convention, Technology
New York Arbitration Week 2023 Recap – Highlights from the 18th Annual Fordham Conference on International Arbitration and Mediation
…of the arbitration process—potentially bringing new levels of rigor to arbitral reasoning and argumentation, even as it improves efficiency. Navigating these uncharted waters will require the focus and careful attention…
Brazil, Dispute Resolution, ICSID, Investment, Investment Arbitration, Investment Disputes, ISDS, ISDS Reform, Latin America
BRAMIA: An Alternative to ISDS
…This process is governed by contracts that incorporate directly or indirectly most aspects of the host State’s regulatory framework, distinguishing it from other countries where these would be extracontractual matters….