…a DIAC tribunal of three for (i) failure to suspend the arbitral proceedings pending completion of a parallel arbitration process; (ii) failure to respect the terms of a confidentiality agreement…
…the results of a 2013 survey by the Singapore International Arbitration Centre. Expert conferencing can prove a baffling process for the lawyer trained to deal with witnesses (including experts) one…
…process. Historically, the UAE has been a challenging place in which to enforce foreign court judgments and orders. This is principally because: (a) in the absence of an international treaty…
…the limit this would place on the investor’s enforcement options, as the ICSID Convention could not be applied, making enforcement a much longer and more cumbersome process. All in all,…
…host State to commit violations of customary international law that amount to a denial of justice, fundamental breach of due process, targeted discrimination and manifestly abusive treatment (see Art. 3.1,…
…Argentine international public order incorporates the principle of due process of law. The Judgment did not distinguish that, while Argentina’s National Code of Procedure and international treaties provides for the…
…speed up the investment arbitration process, while taking into consideration the constraints faced by State parties: – Rule 1.1 provides that the draft SIAC IA Rules will be applicable by…
…to, on its face, address the issue of protracted timelines in Indian arbitrations, further analysis shows that the process may be intrinsically flawed. First, the arbitration cases come in a…
…award before the First Commercial Chamber of the Superior Court of Lima. MDIS argued that the two arbitrators had violated due process rights of the parties and that the arbitration…
…December 2015 and, in quite a coup for the Commission, into the Comprehensive Economic and Trade Agreement (CETA) with Canada during the process of ‘legal scrubbing’, as announced on 29…
…dispute emerged from undue performance by the latter of its obligations under the works agreement concluded through a bidding process pursuant to the Federal Act No. 223-FZ “On Procurement of…
…to arbitration are under mutual proceedings to co-operate in the pursuit of the arbitration. The arbitration process is one underpinned by consent. In that regard, a notice that triggered the…
…agreed to refer their dispute settlement to an arbitration tribunal. The requirements of this section extend to any mandatory process by which the right of consumer to refer to the…
…It is a positive signal for foreign investors. At the same time, there are many reasons to doubt that the process of accession will be straightforward. Out with the old…
…key assurances regarding the nature and quality of justice that is being dispensed by the arbitrator; • use of reasoned awards improves the quality of the decision-making process and consequently…
…and investigate the impact of TPF on the process of international arbitration prompted creation of the joint ICCA-Queen Mary Task Force on TPF in 2014 (co-Chaired by Professors William Park,…
…their default rule on costs. On what do I base my proposal? First, and most crucially, the American Rule would provide the parties with certainty throughout the process in terms…
…awards. These principles, which have been described as “10 commandments” of enforcement, are as follows: First, “the primary aim of the court is to facilitate the arbitral process and to…
…More specifically, on 17 December 2015, the Board of Directors of the ADGM enacted the so-called ADGM Arbitration Regulations 2015, following an initial consultation process, which completed in December 2015…
…Party autonomy and independence of the arbitral process – Section 8 of the Arbitration Law incorporates Article 6 of the MAL which, read with Section 22 (incorporating Article 19 of…
…binding under the parties’ arbitration agreement (as this provided for a review process of the award, which was still pending) and was therefore unenforceable. Similarly, in 2015, a Hong Kong…
…country entry process must be disciplined, defined, and documented. Geologic risk is one very important consideration in that process, as are the country’s history, the legal terms applying to foreign…
…standards in the context of disputes arising from climate change. Affected populations could participate in the arbitral process provided that they are permitted to do so pursuant to the arbitration…
…the arbitration agreement in a separate court action. Although there have been attempts to extend the court involvement in arbitration process, all attempts have failed due to heavy objections raised…
