Kluwer Mediation Blog – November News
…lessons learnt during the process of developing this strategy, the full text of which can be found here. In “The Mediation Bug. The Bucerius Law School Hamburg Mediation Competition, And…
Search Results for: due process paranoia
Recognition of Summary Procedures under the ICC Rules: Considerations, Comparisons and Concerns
…efficient and appropriate manner possible, thus highlighting the adaptiveness of the ICC’s summary dismissal procedure. Second, the flexibility of the summary determination process − right from the application through…
Anti-arbitration, Anti-ISDS Propaganda, Canada, China, Financial Industry, Investor-State arbitration, ISDS, Mexico, NAFTA, Negotiation, Pro arbitration, United States, USMCA
ISDS in NAFTA – and ISDS alternatives
…emphasized the “critical importance” of ISDS in NAFTA and stated that ISDS “upholds the same fundamental due process and private property guarantees protected by [the U.S.] Constitution, and it obligates…
A Model for Business and Human Rights through International Arbitration under the Bangladesh Accord: The 2017 Decision on Admissibility Objection in Industrial Global Union and Uni Global Union
The first publicly available decision issued under the international arbitration process provided for under the Accord on Fire and Building Safety in Bangladesh (‘Bangladesh Accord’) (note that Roger Alford previously…
What Have We Learned from the Global Pound Conferences?
…in the votes of 46% of all participants, and 38% of business parties / in-house counsel). Control over process and outcome is a common theme of comments by corporate counsel….
Arbitration of Labor Disputes in India: Towards a Public Policy Theory of Arbitrability.
…Disputes Act, 1947 and concludes that the Act provides for a unique process for arbitration of collective labor claims. It therefore concludes that if there were to be adjudication of…
M&A Arbitration: Pre-Closing Disputes and Letter of Intent
…play a role to resolve them, especially when they arise at an earlier stage of the transaction. Pre-closing disputes The entire process of an M&A transaction can last several months,…
Revisiting the Chagos Decision: Search for a Rationale
…(analyzed here) . The PCA had to decide the appropriate standard for impartiality of arbitrators, and in the process, deal with the novel question of whether inter-State arbitration should be…
The EU Sets the Standard for International Tax Dispute Resolution
…opinion. The directive also contemplates a permanent Alternative Dispute Resolution Commission. Procedure The arbitration process is also subject to a strict timetable, with a normal overall time limit of 18…
Anti-Money Laundering, Arbitration, Arbitration Proceedings, arbitrators’ conduct, Counsel, Counsel conduct, Germany, New York Convention, Public Policy
Arbitration and Money Laundering: What Are The Obligations Placed On Counsel And Arbitrators And What Risks Do They Face?
…the money laundering process. So how should counsel and arbitrators respond to issues of money laundering? What are their obligations and what are the risks, if any, of failing to…
Collective Redress in Austria and the European Union: What’s in it for arbitration?
…information gathered in this process will be summarised in a report to be published in the near future. The increased importance of introducing effective collective redress instruments in Europe is…
Thoughts On Making Arbitration Great Again
…growing distrust of the institution of the arbitral process (an example being the Tapie case in France, where the process was tainted by otherwise respected figures). Chief Justice Roberts eloquently…
Proposed Reform of Italy’s Arbitration Act: One Step Forward, Two Steps Back?
…passes the scrutiny, the Proposal will be submitted to parliament for approval. It will no doubt be a long time coming ― and the process might suffer some delays given…
The Duty to Give Reasons – A Robust Affirmation
…context, holding that reasons are a function of due process and therefore of justice. The New Zealand Court commented that this underlying purpose is common to both arbitral and judicial…
II Oxford Symposium on Comparative International Commercial Arbitration
…have not been revealed during the arbitral process, can unknown conflicts of interest be a basis for an effective challenge to an arbitrator or an arbitral award? Should all kinds…
Will 2018 Mark a Tipping Point for Binding Investor-State Arbitration?
…tribunal. Like all arbitration, ISDS was also seen as creating enforceable decisions through a customizable and inexpensive process. By their nature, bilateral agreements focused on the protection and promotion of…
The Launch of the 2018 Queen Mary and White & Case International Arbitration Survey
…QMUL in partnership with White & Case in 2010, 2012 and 2015 considered themes including corporate choices in arbitration, current and preferred practices in the arbitral process, and innovations and…
“Costs Follow Conduct” – A Musical Altercation
…to comply with procedural orders, excessive legal arguments or exaggerated claims, dilatory tactics, due process paranoia etc.3)DOUG JONES, Using Costs Orders to Control the Expense of International Commercial Arbitration, The…
The Contents of Journal of International Arbitration, Volume 34, Issue 5, 2017
…process. The exact scope of this freedom is unclear, especially where fundamental rights of the European Convention of Human Rights (ECHR) are at stake. On 1 March 2016, the European…
Young ICCA Interview
…arbitrating. In addition, I learned firsthand how various aspects of the institutional process, like arbitrator appointments and challenges, function. My time in Stockholm also gave me the opportunity to meet…
Kluwer Mediation Blog: September Digest
…Topics addressed include how the conciliation process works, how Söp measures its success, the value of conciliation and the future of conciliation and ADR. In Your Truth, My Truth And…
New Arbitration Act in Hungary
…the arbitral process or to preserve evidence relevant to the case. If the tribunal considers that prior disclosure of the request for interim measure would jeopardize its purpose, it may…
Cybersecurity In International Arbitration – A Necessity And An Opportunity For Arbitral Institutions
…of arbitral proceedings may result in further risks and liabilities. Yet, given their role in the arbitration process and the liabilities to which they are already exposed, devoting resources to…
Legitimacy and International Arbitration: An Alternate View
…process. Academics have also sought to address concerns about the legitimacy of international arbitration, primarily in the form of an ever-increasing number of empirical studies relating to the nature and…