…still cases where the court’s assistance is required to support the arbitral process. Notably in the context of emergency relief, the courts still have a key role to play in…
…stay proceedings if they are initiated before all steps of the escalation process have been fully exhausted (Cable & Wireless v IBM UK [2002] 2 ALL ER Comm 1041). The…
…of the Anglo-American civil litigation system. The need to bring more experts —other than the arbitrators— into the process finds its justification in the fundamental right that the parties have…
…regarding ISDS to a halt. And even the ratification process of CETA may still be disrupted by a no-vote of Member States’ parliaments or domestic court proceedings. But above all,…
…296, as amended, available in Polish here) (“CCP”) , which were a subject of my previous posts, the Polish legislator commenced in June 2016 the process of implementation of the…
…and 8). Publication of these decisions may well assist users and enhance the legitimacy of the arbitration process without the potential difficulties associated with publishing awards in the redacted form….
…the most intractable maritime boundary disputes resolved under the principles of international law and through third party means. Annex V of UNCLOS provides little detail concerning the process to be…
…not raised. A much-needed compromise as to the iura novit curia principle, transposed for the purposes of international arbitration, is to provide confidence in the arbitral process and its outcomes….
…disputing parties greater control over structure and outcome. Addressing some of these characteristics, the ECT Guide describes mediation as: “a process in which a neutral third party, a mediator, meets…
…the first cases all featured sole arbitrators. Almost by definition, the appointment process must be faster than in the case of a three member tribunal. From a statistical point of…
…Arbitration Agreements And The Arbitral Selection Process Abstract: This article summarises Colombia’s new 2015 presidential directive which seeks to increase governmental control over the use of arbitration agreements in state…
…assistance through an ‘Arbitrator Search’ page on the Pledge website dedicated to submitting requests by completing an online form and providing helpful information for the search process. A Search Committee…
…estoppel) as the qualification process was changed with retrospective effect. The CAS panel disagreed, reasoning that the cited doctrine referred to rules and regulations whereas the FISA’s approach concerned taking…
…unrepresentative circumstances, Paris proved (if it ever had to) that it has all the necessary means – legal and judicial – to guarantee the integrity of the arbitral process. If…
…provisions, Article 21(a) of the ICSID Convention goes beyond such restriction of liability and grants broad immunity to arbitrators from legal process with respect to acts performed by them in…
…agree on the process of appointing arbitrators, or if the process of appointing the arbitrators is violated by either party, or if the parties do not agree on an issue…
…different obligations, including “transparency” treatment in accordance with the investor’s “legitimate expectations,” procedural propriety and due process, good faith, and freedom from coercion or harassment. FPS, meanwhile, has been applied…
…its investigations, ensuring that those investigations proceed expeditiously; to take no step in the arbitration process which invokes the arbitrator’s jurisdiction – as to which, it was held in Sierra…
…afflicted by “due process paranoia”, an increasingly common phenomenon characterised by arbitrators’ reluctance to make decisive case management decisions, for fear of their award being challenged on the basis of…
…waiver in order to properly trigger the investor-State arbitration process under an investment treaty is, in principle, supposed to be deterred from any kind of ‘cross-border forum shopping’ of the…
…and take a position on certain issues on the merits very early in the process (to determine relevant actions/omissions, attribution, consequences, etc.). Additionally, it also begs the question, what if…
…Party Expectations”, which we summarized here on Kluwer, calling for better-informed choices in appointing arbitrators. We highlighted that the lack of available information during the arbitrator selection process leads nominating…
…consider mediation during arbitration via the AMA. The incentives under the AMA are clarity, certainty of process, the possibility of a meaningful mediation with an effort towards settlement in light…
…Commission has suggested in its recently opened consultation on the 2017-2020 program that it may focus on cost and efficiency of the arbitral process, including by considering whether the Act…
