…Supreme Court is certainly to be welcomed. From both arbitrators’ as well as counsels’ perspective, it provides essential guidance: in the process of drafting their awards, arbitrators will forthwith have…
…process rights. The new findings published in the report are expected to become the linchpin of a constructive dialogue between arbitral institutions and federations of financial institutions, thus heralding a…
…at the brink of yet another economic and financial crisis. Hence, we see a shift of the decision-making process from governments and parliaments towards voters. Of course, one could say…
…the other side of the dispute, and the greater the complexity of the factual and legal issues, the more space there is for this polarization process, since the “right decision”…
…arbitration as means of resolving cross-border disputes in Asia. Slowly but steadily, Asia has established its presence on the international arbitration world map. The main drivers of this process have…
…this BEPS Action 14 aimed at improving the international tax dispute resolution process. Traditionally disputes in the tax treaty area have been resolved by mutual agreement (MAP) between the competent…
…related disputes, many of them involving in excess of USD 100m, multi-faceted scenarios and different challenges faced by all players in this process. The report also underlined the need to…
…that, due to the intrinsic quality of the mediation process and the quality of the results, makes sense – even if the courts work well. In Mediation in Water Disputes…
…set out the scope of what is permissible and what is part of the integral decision-making process that should not be delegated by an arbitrator. Each institution may well draw…
…Chenming agreed to supply the JV Company with steam for use in the production process. In 2012 Arjowiggins initiated HKIAC proceedings against Chenming, seated in Hong Kong. In November 2015…
…challenging ratification process), the likely conclusion of an RCEP agreement, and the active development of an FTAAP agreement, these distinctive characteristics of mega-regional investment arbitration ultimately could be seen, more…
…litigation, it must be possible for an arbitral tribunal to direct the parties to comply with the dispute resolution settlement process stipulated in the escalation clause by staying the proceedings…
…to bring on board a party with substantial expertise in the tracing and recovery of assets, thereby adding value to the litigation or arbitration process. Although TPF is gaining momentum…
…a question of law, but with the need then to endure a leave to appeal process in order for the High Court to determine whether or not an actual appeal…
…negotiable instrument. However, depending on the arbitral rules agreed, doing so may result in a lengthier process for the payee under the negotiable instrument to receive payment. We provide a…
…be subject to any process for the enforcement of a judgment or arbitration award…” unless the property in question “…is for the time being in use or intended for use…
…phasing out process for several years. At the same time, the substantive and procedural protection granted to investors should not decrease after termination. Investors should not lose their rights overnight….
…a breach of due process by failing to hear the State of Cameroon and the members of the arbitral tribunal. On the other side, Garoubé argued that the appeal for…
…expedition of the DIFC recognition and enforcement process: As far as we are aware, on previous occasions, the DIFC Courts have readily ratified and enforced DIAC awards, no particular (time-consuming)…
…many times, in the heart of the decision-making process regarding security for costs, two main principles conflict: one is the right of the respondent (who is usually the party requesting…
…dispute concerned (PMA having actually foreseen the dispute). Accordingly PMA’s commencement of the Arbitration was found to have constituted an abuse of right (or abuse of process); its claims were…
…American and European legal cultures, that the pool of international arbitrators is not diverse enough to reflect the range of participants and interests, and that the arbitrator selection-process provides unfair…
…process. How could civil liability address the abovementioned legitimacy concerns which appear to be only increasing in intensity and scope? Because of the formalization of (institutional) arbitration and the growing…
…the judicial process. Reasons show that the outcome is based on analysis rather than whim; they assure the losing party that its case has been considered; and they provide a…
