…arbitration is concluded, the arbitrator turns back into a normal person and is no longer an arbitrator. This process is technically called functus officio. Functus officio begins when the arbitrator…
…is better to participate strategically in the process and influence it. This realization will encourage more states to join the process. The door is still open. The International Energy Charter…
…benefit. Equally, if the tribunal’s decision is given in the form of an award rather than an order, it may be enforced like any other award; but this process is…
…process: would I still be celebrating this pinnacle of procedural efficiency had we lost? The answer is easy: while I have never doubted that our side had the better arguments…
…required. 9. Due Process Requirements The New Provisions state that after the People’s Court receives an application which meets all requirements, it shall register the application within seven days, notify…
…principle of international law, which in different forms permeates the entirety of international legal order and process. It is considered one of the basic principles governing the creation and performance…
…to the defendant provided that (i.a) the process started and ended without the participation of the defendant, and (i.b) it has limited the defendant’s right of defence; (ii) failure to…
…regime in place between the Dubai and DIFC Courts under Article 7 of the Judicial Authority Law. For the avoidance of doubt, directing the enforcement process through the DIFC Courts…
Summary In the three years since the 2012 declaration of independence by CIETAC’s former Shanghai and Shenzhen sub-commissions, affected parties have faced an uncertain and unpredictable arbitration process in Mainland…
…Although many point the finger of responsibility at counsel, rarely does only one participant in the process bear responsibility. Rather, it is a collective failure of arbitrators, counsel and end-users…
…due process by failing to properly notify his procedural orders. In particular, Tomskneft argued that it had been deprived from its right to be heard because it had not received…
…to provide for comprehensive protection of confidentiality to the arbitral process, sections 16-18 are a viable model to consider. Interim measures Under section 17 of the Indian Arbitration Act, the…
…cumbersome domestic ratifications process within the meaning of Art. 215 of the UAE Civil Procedures Code (the “CPC”) and the at times unpredictable application of Art. 216 CPC, which contains…
…process envisaged under Art. 215 CPC. This process, in turn, would have to comply with the procedural requirements of domestic civil litigation, including as to service, pleadings, evidence, language of…
…an appellate court; and • provisions aimed at enhancing the transparency and good functioning of the arbitral process, such as the application of a code of ethics for arbitrators, punitive…
…for recognition and enforcement before the DIFC Courts constituted an abuse of process/ a violation of UAE public policy in that (1) the Dubai courts were the more appropriate forum…
…throughout the dispute resolution process. The BITs contain a presumption that all documents submitted to a tribunal will be publicly available, unless the disputing parties agree otherwise. Hearings are open…
…award on the basis that procedural due process was not respected (for example, insufficient time to present evidence) could be heard either before the Singapore High Court or the SICC….
International arbitration has been widely recognized as an efficient process for resolving State-to-State disputes. Factors such as procedural flexibility and party autonomy, which contribute to general appeal of international arbitration,…
…their satisfaction with the process and the tribunal. Against this backdrop of institutional innovation, recent strides by the Commercial Arbitration Centre of Lisbon – Portugal (CAC) are particularly noteworthy. Like…
…they are beneficial, the Commission calls for such an assessment to occur on a provision-by-provision basis, and alongside increased parliamentary oversight of the treaty negotiation process. Reiterating its recommendations from…
…the nominees have selected the third and presiding arbitrator, the arbitral appointment process is usually quite straightforward, subject to the LCIA Court’s approval of the nominees and the need to…
…the arbitral community during this whole process. Even though the abovementioned vetoes could represent a ‘step back’, the transposition of consolidated practices and positions in Brazil (a civil law country)…
…enforceable.” Concern over trustworthiness of the process is reasonable and it is not without precedent. Take, for example, this statement by one country’s delegate at a previous meeting on the…
