ICC Moves Offshore: Clash of the Titans?
According to a recent announcement, the International Chamber of Commerce (ICC) International Court of Arbitration is set to open a representative office in the Abu Dhabi Global Market (ADGM), a…
Search Results for: due process paranoia
Let the Show Begin: Poland Has Commenced the Process of BITs’ Termination
…of Investments signed between Poland and Portugal on 11 March 1993 (“Poland-Portugal BIT”). Ironically, the process began at the worst possible time – when Poland’s governing party tries to put…
Portugal: A New Hub for International Arbitration Disputes
…December) and follows the UNCITRAL Model law (as amended in 2006). The law embodies fundamental principles such as party autonomy, Kompetenz-Kompetenz, separability, equality of the parties, due process and finality…
The Astana International Financial Centre: AIFC Court and International Arbitration Centre Legal Systems to be based on English Common Law
…for the recognition and enforcement of decisions of the International Arbitration Centre will follow that of the process set out for the recognition and enforcement of arbitral decisions made by…
Lithuania takes Steps to Facilitate Post-Arbitral Court Proceedings and to Maintain Confidentiality during the Arbitral Process
…of the main characteristics of arbitration. Indeed, Article 8(3) of the Law explicitly states that arbitration proceedings are confidential, meaning that nothing that happens during the arbitral process can be…
Is America First the End of FET?
…of due process This identical requirement is maintained under Section 2(b)(4)(E) of the 2015 Trade Promotion Authority under which the TPP was negotiated and under which President Trump is acting…
Will Adverse Inferences Help Make Document Production in International Arbitration More Efficient?
The process of document production in international arbitration is important. Documentary evidence is often the primary category of evidence; and legal costs associated with it tend to constitute a significant…
Federal Court Upholds P&I Club’s Coverage Determination as Valid, Binding ADR Decision
The U.S. District Court for the Southern District of New York has enforced a P&I Club’s internal claims appeal process as a legally binding alternative dispute resolution (“ADR”) method, rejecting…
A Note to in House Lawyers: When Do You Appoint a Law Firm for an Arbitration?
Firms will often write that for effective representation it is best to engage law firms at an early stage in the dispute process. Whilst there may be some merit in…
Whose Line of Credit is it Anyway? Third Party Funding Issues in Arbitration
…Third-party funding in some shape or form of impecunious parties’ arbitrations is almost as old as the modern process of arbitration itself. One cannot deny that arbitration is, in general,…
Hong Kong Approves Third Party Funding for Arbitration
…This showed that express authorisation of third party funding in arbitration had overwhelming support in the territory. Some 97% of those who took part in the consultation process – arbitrators,…
Wolters Kluwer Partners with Arbitrator Intelligence – A Personal Story
In June 2014, at the ITA Workshop in Dallas, I heard a passionate woman presenting her mission of increasing fairness, transparency, accountability, and diversity in the arbitrator selection process, and…
Kluwer Mediation Blog: June digest
…we are still thinking about how we can promote mediation on a wide-scale, twenty to thirty years after it began to show itself, world-wide, to be a really useful process….
The Case for Public Regulation of Professional Ethics for Counsel in International Arbitration
…of evidence, and the decision-making process of the court or tribunal, but also the procedural rights and obligations of the parties and the standards of conduct for their counsel in…
ADR, Arbitration, Arbitration Awards, Arbitrator Intelligence, Arbitrators, Global Pound Conference, ICC
The Global Pound Conference Reaches Its Conclusion: User Focus Is Now Mainstream
…from the dispute resolution process; what should be changed to meet their expectations; and who should drive these changes? The answers to these questions arrive at a time in which…
The International Public Policy of the Portuguese State: A Matter of Value?
…9 October 2003, the Portuguese Supreme Court of Justice decided that the right to a fair and adversarial process, the right of access to justice and the ‘‘pact sunt servanda’’…
The Call to Remove Unilateral Appointments: Seven Years On
…in international arbitrations turns on two key questions: • Whether unilateral appointments undermine the legitimacy of the arbitral process and its outcome in the eyes of the parties; and •…
Enforcement of Mediated Settlement Agreements in Vietnam: A Step Forward the International Trend?
…inspired by the UNCITRAL Model Law on International Commercial Conciliation (the “UNCITRAL Model Law”), but includes several local modifications. From the drafting process, the Decree has attracted the attention and…
Seven Trends and Seven Tips for Enforcing GAFTA and FOSFA Awards in Ukraine
…the higher court. A claimant should be prepared for long-lasting procedures since there is a risk that the case will pass through all instances. The whole process may last from…
Wolters Kluwer Announces Collaboration with Arbitrator Intelligence
…organization’s mission to make the arbitrator selection process more transparent will benefit the arbitration process, which will ultimately benefit the arbitration community.” AI is a non-profit, university-affiliated entity that aims…
BIT between Morocco and Nigeria – A Bold Step in the Right Direction?
…of the host State unresolved. This is because the process arguably grants the arbitral tribunal tremendous powers in deciding issues that have important judicial and regulatory implications of a host…
The Trump Executive Order Faces FET-Like Review
…evidence” that the Executive Order is meant to serve national security interests, including: > The exclusion of national security agencies from the decision-making process; > The post hoc nature of…
Judicial Activism and Spanish Arbitration
…and material minimum standards of due process and the right of defence. Spanish public policy also includes imperative norms relating to the freedoms guaranteed by European Community law. However, it…
Possible Sources Of Disagreement Between Quantum Experts In Discount Rate Estimation: A Review Of ICSID Awards
…in order to help the tribunal’s decision-making process. The views expressed in this article are those of the authors alone and should not be regarded as representative of, or binding…