…a preliminary decision subject to an appeal for reconsideration. Arguably, this could feed resistance against machine arbitrators, based on due process. Notably, the European Union’s General Data Protection Regulation –…
…Impact Of Third Party Funding On The Mediation Process (Part 2), Geoff Sharp and Bill Marsh share their thoughts on the impact third party funding has on the mediation process….
…new challenges for users, arbitrators, as well as the ICC Court and its Secretariat. In practice, expedited procedures may increase due process challenges by dissatisfied litigants, before and after awards…
…expense and with minimal Court intervention. Popplewell J commented that the s.24 process is an intrusion by the courts into the arbitral process (especially where, as here, the arbitral institution…
…legitimacy of the arbitral process risks being undermined. • Second privilege. While in the U.K. and the U.S. common interest privilege would likely cover a claimant and funder working together…
…proved to be positive in itself was the very data gathering process from the various institutions in that it revealed a growing willingness by the institutions to publish and share…
…time efficiency. For some however, there is a fear that arbitrators delegate their duties and for a ‘second’ or ‘fourth’ arbitrator to be involved in the decision-making process (contrary to…
…for settlement agreements reached with the mere involvement of a judge or an arbitrator in the conciliation process. It was also proposed and examined whether to exclude settlement agreements approved…
…the 1960s, in order to overcome the practical challenges associated with factoring cross-border transactions, the process had evolved (led by the European market) into the more complex process of “two…
…and investigations are still in the process of untangling a web of corruption in both Greece and Germany) will inevitably take a long time to resolve. An arbitral process however…
…a recent event in Edinburgh at which John and his colleague, Charlie Woods, acted as mediators in a simulation of a mediated process involving 10 delegations representing different interests in…
…process of determination of facts and application of the facts to the law (and the interpretation thereof) is a deeply cultural exercise. Facts always grow out of cultural interactions. When…
…Bryan Cave. Dirk De Meulemeester, President of the CEPANI, and Maria Gritsenko gave the introductory notes. Arbitrator nomination and appointment When it comes to the arbitrator selection process, mixed perceptions…
…the Directive in their national laws, whereas the remaining 18 countries are in different stages of the implementation process. This Directive is the first EU legislation that addresses directly the…
…three projects, we are writing this collective blog post because we believe that the process of selecting a single project as the award winner blurs the collective purpose of our…
…process, but does so without requiring the final determination of issues affecting the arbitral tribunal’s jurisdiction […] (applying the kompetenz-kompetenz principle).” The decision provides an interesting, if unusual, illustration of…
…the arbitral tribunal and process, moderated by James Tancula and comprising of Rocío Digón (ICC International Court of Arbitration, SICANA, Inc., New York), Mark Kantor (independent arbitrator, Washington), Clyde W….
…specific representations to investors; denied due process to investors; did not provide transparency in the legal procedure or in State’s actions of State; acted either in a way that evidenced…
…process of giving a profound apology. In The Mediator Who Planted Trees, Martin Svatos shares an allegorical tale of how destruction and adversity can be defied by single-handed, persistent effort…
…agreement, the irregular appointment or composition of the arbitral tribunal, the violation of due process principle, the ultra-petita nature of the award, etc. Similarly, the QFC execution judge shall have…
…led to the conclusion that although ISDS claims did not necessarily stop the process of signing the international investment treaties, they considerably slowed down the process. Dr Shiro Armstrong (Australian…
…including all intra-EU BITs, may – sooner rather than later – wake up in a quite different legal landscape. This entry highlights the potential termination process of the treaties and…
…HKEC 2128 by which the Hong Kong court confirmed the circumstances in which it will set aside an arbitral award on the grounds that the arbitral process and enforcement violated…
…before the DIFC Courts. This gave rise to a concern of conflicting outcomes from the process before the onshore Dubai Courts and that before the DIFC Courts, hence creating a…
