The Consolidation of Chile as an Arbitration Friendly Jurisdiction
…Santa Fe contended that the award was made in violation of due process, particularly its right to be heard (Article V.1.(b) of the New York Convention and Section 36.1(a)(ii) of…
Search Results for: due process paranoia
Interpreting the New York Convention under the Vienna Convention from a National Perspective: Paulsson Snail Diagram, a Judges Tool
…process. First, a court must bear in mind that the enactment finds its origin in international law. Second, a court must remember that Articles 31 and 32 are merely a…
Third-party funding and arbitration law-making: the race for regulation in the Asia-Pacific
…process and its participants. TPF laws are an example. If a funded party goes to arbitration at a seat where TPF is illegal then that party faces three main risks:…
Saudi Enforcement Court confirms that it would enforce a London ICC Award
…I have seen recently and shows that the new laws are achieving some success in streamlining the enforcement process. It should be noted, however, that an ‘enforcement decision’ by an…
The SIAC Rules 2016: a watershed in the history of arbitration in Singapore
…such that it now offers a three-step objection process. First, Rule 28.1 grants the SIAC Registrar and the SIAC Court the screening power to determine prima facie whether the arbitration…
Dispute Resolution Boards: Lessons from Latin America
…times procedural – depth. To that end, I would note that throughout the conference repeat emphasis was placed on the fact that the process dispute board should be simple, fast…
Fair and Equitable Treatment, ICSID Arbitration, ICSID Convention, Legitimate Expectations, Venezuela
A Sovereign’s Broken Promise: the Golden Ticket to a Billion-Dollar Award?
…however, required to go through a laborious permitting process before the Venezuelan entities, including inter alia obtaining an environmental permit. Several years went by – during which Crystallex invested significant…
Timely Structuring of Investments Becomes a Moving Target
…health programs and strategies, including further regulation of the tobacco industry by way of mandating plain packaging of tobacco products. PMI Group and PML participated in the consultation process and…
Increased Efficiency through Arbitral Decisions on Preliminary Issues?
…it comes to the question of how the dispute resolution process should be organised and, with that, the manner in which preliminary issues should be dealt with. Generally, aside from…
Bold move by Shanghai Court in interpreting the phrase ‘foreign-related element’: A direction to follow?
…site. The Court held that the whole process of transfer of equipment from the Shanghai FTZ under special customs regulations bore similar features to the international sale of goods process….
Admissibility of Cassation Recourses against Arbitral Awards in Ecuador: A Backwards Step on the Path towards the Finality of Arbitral Awards?
…rendered by the Provincial Court denying the cassation recourse against the decision on the annulment action violated both petitioners’ right of due process. According to the Constitutional Court, the Pichincha…
Multilateral Investment Treaties in Asia: Alternatives to the Investment Chapter of the Trans Pacific Partnership Agreement in Asia?
…due process of law, on a non-discriminatory basis and upon payment of adequate compensation.21)Article V(1) of the 1987 ASEAN Agreement. This is a fairly standard provision in international agreements. The…
Due Process Paranoia
…interesting findings of this survey is the apparent growing concern of some users of arbitration with what can be termed “due process paranoia”. Due process paranoia is defined by the…
The EMAC finally established: Welcome on board!
…arbitration rules, (iii) the default-appointment of arbitrators under the EMAC arbitration rules, (iv) the registration process of eligible arbitrators and their inclusion in the EMAC roster of arbitrators, (v) determining…
The International Evolution of Mediation: A Call for Dialogue and Deliberation
…play more assertive roles in shaping the process for good or ill. They may work strategically with the mediator to ensure that the negotiation “dance” proceeds in a way that…
Debriefing: University of Buenos Aires winning the 23rd Willem C. VIS Moot
…process by which we select our students. For us, this starts in July with an arbitration and international sales law course given by former participants. This course eventually leads to…
Why the English Right to Appeal an Arbitral Award on a Point of Law is not Anachronistic?
…law instruments which aim to regulate every aspect of the practice of arbitration. As a result, the arbitral process has become far less distinguishable from litigation before domestic courts than…
New Investment Arbitration Center in Latin America: UNASUR, A Hybrid Example of Success or Failure?
…have the opportunity to resolve the dispute locally by reconsidering its decision through the judicial review process. However, UNASUR members need to make their domestic courts more efficient and arbitration-friendly…
Law of the Sea, Permanent Court of Arbitration, State-to-state arbitration, Transparency, UN and Int’l Organizations, UNCLOS
Careful Balance or Missed Opportunity? The ‘In Principle’ Public Nature of the Arbitration Concerning the “Enrica Lexie” Incident
…of broadcasting hearings vary by advocate but typically centre on increasing, through the broadcast process: public knowledge and familiarity, court legitimacy, public trust and perceptions of fairness, public engagement and…
Interpreting Contracts under Singapore Law in International Arbitration: HSBC Trustee v Lucky Realty Co
…seek to discover and adduce in the common law adversarial process. Whether this “tsunami” has engulfed tribunals, and whether it contributes to delays and costs in international arbitration, may require…
Emelec vs. Canal Uno: How Many Bites Can the Apple Handle?
…by the lower court and its due process. The Constitutional Court held that Ecuador’s legislation provides for a hierarchical order of the courts. These courts can and should review the…
It Takes Pressure to Form Diamonds: The Changing Landscape of Dispute Resolution and its Implications for International Arbitration
When questioned what the users of arbitration expect from the process and what its main pitfalls are, the answer is usually unequivocal: the need for time and cost-efficient proceedings leading…
Hong Kong Court Refers Parties to Arbitration in Dispute Involving Jurisdiction and Arbitration Clauses
…disputes and parallel proceedings, potentially in more than one jurisdiction and with inconsistent outcomes, parties should adopt a dispute resolution process with identical requirements for all contracts. When adopting arbitration,…
Arbitration, Bosnia and Herzegovina, Domestic Courts, Review on the merits, Set aside an arbitral award
Bosnia and Herzegovina: Arbitral Awards Reviewed under the Courts’ “Magnifying Glass”
…Plaintiff. More specifically, besides claiming a rather wide violation of due process, the Plaintiff stated that this tribunal’s exercise of discretion was “material breach of procedural rules” (“bitna povreda odredaba…