Unveiled: Indian Model BIT
…It, therefore, initiated the process of redrafting its new Model BIT. Earlier this year, the Government had released a Draft Model BIT (“Draft BIT”) for public consultation and comments. The…
Search Results for: due process paranoia
Arbitral Tribunal, Arbitrator Challenges, arbitrators’ conduct, Book Review, Conflicts of interest, IBA Guidelines on Conflicts of Interest, ICSID Convention
Book Launch Event: Challenges and Recusals of Arbitrators in International Investment Disputes
…sanctity of the arbitral decision-making process. More specifically, how can we ensure that arbitrators are impartial and independent? This discussion was of course an extension of the dialogue among the…
BIT, Costs in arbitral proceedings, Customary international law, Expropriation, Fair and Equitable Treatment, Free Trade Agreements, ICSID Arbitration, ICSID Convention, Investment Arbitration, Middle East, Treaty Interpretation, UAE, United States
ICSID Tribunal dismisses investment treaty claims against Oman (Part II): The substantive claims
…a non-discriminatory manner; (iii) on payment of prompt, adequate and effective compensation; and (iv) in compliance with due process of law. The US-Oman FTA also contained “a shared understanding” between…
The EU Proposal Regarding Investment Protection: The End of Investment Arbitration as We Know It?
…any stage, the parties may initiate a mediation process (Article 5). – If the investor is a US national the investor shall request that the European Union determine who is…
In the Realm of Greater Transparency: Is It Just ‘Much Ado About Nothing’?
…information that risk, if made available to the public, jeopardizing the integrity of the arbitral process would not fall in the category of documents publicly available. Also, the first procedural…
What if the Ghost of Christmas Present Visited the International Arbitration Community of 1995?
…also seem natural. Words like “transparency” and “accountability” today seem like obvious requirements for a process and important and delicate as arbitrator selection. In 1995, these terms were anathemas. Back…
Second International Conference for a Euro-Mediterranean Community of International Arbitration
…other arbitral institutions and concluded that they offered a shorter and more simplified process to resolve disputes, which ultimately saves time and cost. He argued for further cooperation both within…
Ad hoc arbitration, Arbitral seat, Arbitral Tribunal, Arbitration, Arbitration Act, Australia, BIT, Transparency, Transparency in investment arbitrations, Uncategorized, UNCITRAL Arbitration Rules, UNCITRAL Rules on Transparency, UNCITRAL Transparency Rules
Recent Developments in Australia’s Approach to Confidentiality and Transparency in International Arbitration
…made the subject of disclosure by an arbitral tribunal or Australian court. These amendments adopted the position taken in many submissions received during a public consultation process, which were overwhelmingly…
The Strange Case of Italy and its Distrust of International Arbitration
…process as well as the opportunity for the disputing parties to find a neutral venue that is not linked to any national system. While Italy is one of the less…
It’s About Time To Regulate Third Party Funding
…because of potential conflicts of interest. Several objections and delays may affect the arbitral process due to the undisclosed use of external funding, like the removal of the arbitrator, the…
The Kingdom of Thailand And International Arbitration – Ending The Journey On A Winding Tollway?
…modern international arbitration contained in the UNCITRAL Model Law of 1985 and was thus accordingly reviewed and updated. The result of the subsequent amendment process was the 2002 Thai Arbitration…
The EU-Vietnam FTA: What Does It All Mean? What Does It Mean for the Future?
…maintained a positive position toward the arbitral process, stating for example: “While Vietnam wishes to continue to encourage foreign investment and remains committed to its obligations under international treaties which…
England, English Law, Guatemala, Honduras, Latin America, Mexico, Permanent Court of Arbitration, Trans-Pacific Partnership
Growing Appreciation for Arbitration for Trade and Investment disputes in Latin America. (Moving towards English Common Law).
…at the seminar in Latin America. The seat of the arbitration has to consider a robust judiciary, able to support the arbitral process; this being a reason why London is…
Arbitral Tribunal, Hearings, Investment Arbitration, New York Convention, Trans-Pacific Partnership, Transparency in investment arbitrations
A Right of Public Access to Investor-State Arbitral Proceedings?
…nonetheless derogate from the Rules in consultation with the disputing parties under Article 1(3)(b) of the Rules on Transparency. ‘Logistical reasons’ or the ‘integrity of the arbitral process’ further serve…
The Contents of Journal of International Arbitration, Volume 32, Issue 6, 2015
…arbitration, and the no less considerable European scepticism towards that process, the Investment Chapter of the Comprehensive Economic and Trade Agreement (CETA) is a uniquely balanced and innovative document, which…
Document Production: Finding the Right Balance
…requests are a further concern of arbitrators. If document production requests are rejected by the arbitral tribunal, the losing party may challenge the award by arguing that due process or…
Oxy vs Ecuador: Chronicle of a Death Foretold
…The first percentage on calculation of damages was confirmed in the Decision of Annulment. ¶ 419-420. Annulment process On October 9th, 2012, Ecuador filed a request of annulment of the…
Ad hoc arbitration, Arbitration, Arbitration Agreements, Arbitration Awards, Arbitration Proceedings, Commercial Arbitration, Enforcement, Georgia, kompetenz-kompetenz, Set aside an arbitral award
Georgia – Positive Changes in the Caucasus Region?!
…process, including the means of challenging the final award or resisting enforcement on this matter. 5. Setting Aside and Enforcement of Awards. Following the structure of the Model Law, the…
How the Reliance saga brought clarity to the applicability of Bhatia International
…foreign law to govern the arbitration agreement. Thus, it seems that Reliance II has not left the Indian courts with any teeth to interfere in the arbitration process by relying…
Do Arbitrators have an ex officio duty/right to self-investigate corruption?
…due process control, such that the parties must be made aware of, and be given a reasonable opportunity to comment in particularized fashion, on the suspicion or evidence of illegality”…
Ad hoc arbitration, BIT, Dispute Resolution, Investment Arbitration, Investment protection, Investor, ISDS, Jurisdiction, Jurisdiction of the arbitral tribunal, Uncategorized
Addressing the Problem of the ‘Unknown’ Claimant in Investor-State Arbitration
…requirements of admission or registration. By admitting or registering investments through some formal process, States are better able to identify in advance the investors which may be affected by proposed…
The Creation of a Global Arbitration Ethics Council: a Truly Global Solution to a Global Problem
…ethical issues that are alien to the arbitration process. Indeed, under both the IBA Guidelines and the LCIA Rules, the enforcement of ethical rules and the power to pronounce sanctions…
The Curious Incident of Iraq and the ICSID Convention
…of the U.S. Department of Commerce had reported on its website that the Iraqi State Shura Council (ISSC) was in the process of reviewing two laws, one on ICSID membership…
The Social Cost of Secrecy in International Investment Arbitration
…conventional wisdom that investor-state dispute settlement, or ISDS, is in need of court-like transparency, arguing that extending court-like transparency to arbitration “would not benefit the arbitration process or the disputing…