The Use of Arbitration for Derivative Contracts
…held in private, and information disclosed and decisions made during the arbitral process are generally confidential. To allow a customer to disclose his/her losses or to broadcast the details of…
Search Results for: due process paranoia
English Courts Set Aside Award on Grounds of Serious Irregularity under Section 68 of the Arbitration Act 1996
An often cited advantage of arbitration, as opposed to litigation, is the finality of the process. The grounds for time-consuming and costly challenges and appeals are limited. Under the English…
IBA Guidelines on Party Representation, LCIA Arbitration, LCIA Guidelines for Parties' Legal Representatives
Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
…which clearly indicates that the parties’ representatives need not to be legally trained or qualified. In the 2014 revision process, the wording ‘legal practitioners or any other representatives’ was replaced…
Bound by Oral Arbitration Agreement. Failing to Object During Negotiations
…process of negotiating a transaction which lasts for some time. In this case the court noted that there had been numerous drafts exchanged and the main commercial points (in particular…
The Launch of the 2015 Queen Mary and White & Case International Arbitration Survey
…surveys we have canvassed views about concerns and disadvantages of the arbitral process but on this occasion we want to explore what works and can work better in arbitration.” This…
Do Arbitrators Have A Special Duty Towards Unrepresented Parties?
…where one party is unrepresented, the equality of arms may be affected since the unrepresented party may not understand the procedural aspects of the arbitration process, putting the party in…
Investment Arbitration and Legal Protection Under European Law – Frankfurt Court Strengthens the Efficiency of Arbitration Agreements
…be contrary to the ordre public of each member state, if arbitral awards were recognized or enforced, without an arbitral tribunal being able to address the CJEU in the process….
Constitutional Review of Arbitral Awards: Between Protectionism and Interventionism
…that the party who files the EAP demonstrates the violations of due process or other recognised constitutional rights. Against this backdrop, the EAP was seen as a new mechanism to…
Mass Claims in Investment Arbitration- The Need of the Hour
…man before ICSID proceedings. The ICSID regime also appeals greatly to an investor due to the slick recovery process which is provided by it. It has been agreed by the…
BIT, CETA, Germany, Investment, Investment agreements, Investment protection, Investor, Transatlantic Trade and Investment Partnership
A Question of Democracy: The German Debate on International Investment Law.
…a half decades like no other issue apart from the fall of the Berlin Wall and German reunification. The Green movement, which initiated and later mainstreamed a process of fundamental…
Dispute Boards as Pre-Arbitration Tools: Recent Developments and Practical Considerations
…Law of Public Works includes dispute boards as an obligatory step for public contracts above a certain threshold. 3. Case-law Lastly, world-wide case-law is in process of establishing dispute board…
The New Dutch Arbitration Act 2015
…as they deem fit. In fact, only a few provisions in the New Act, all relating to due process, are of a mandatory nature. 2. Highlights of the New Dutch…
Review of Class, Mass, and Collective Arbitration in National and International Law, by S.I. Strong
…a process to be something other than arbitration? What aspects, when added to a dispute resolution process, make that process something other than arbitration? These are questions that are important…
Arbitration in Kuwait: Time for Reform?
…by ensuring an arbitral process with jurisdictional and legal certainty through exclusion of any judicial review and minimal court intervention. Most recently, in 2012 the Kingdom of Saudi Arabia adopted…
What is an Arbitration, and Does it Really Matter? (An Australian Perspective)
…to which the process is, or is to be, carried on (“the procedural agreement”) must contemplate that the tribunal which carries on the process will make a decision which is…
Gaillard and Banifatemi on Strategy Insights into the Yukos Arbitration at Harvard Law School
…entire litigation process was conducted on a massive scale. The arbitration lasted over 10 years. The document production was massive: Russia produced over 50,000 pages of documents, 500-page memorials on…
Appeal, Arbitration Agreements, Burden of proof, Court of Arbitration for Sport, Domestic Courts, European Union, Germany
Sports Arbitration – Bremen Court of Appeals Grants Access to Courts, Finds FIFA Compensation Rules Illegal
…the fact that the DFB rules provided for a review process within its own framework of sports arbitration, namely its own Verbandsgerichte, arbitral bodies within the DFB organization. Here, the…
BIT, Foreign Investment Law, Human Rights, ICSID Arbitration, International arbitration, Investment Arbitration, Investment protection, State Responsibility for Damage, Transatlantic Trade and Investment Partnership, Treaty Interpretation, UK
Domestic Public Law: a Useful Critique for Understanding and Developing Investment Treaty Arbitration?
…process. It does not take into account the merits of that decision or what the public policy should be. ITA tribunals should, like domestic judges, take care not to overstep…
A Recent Survey of Experienced U.S. Arbitrators Highlights Areas for Further International Study and Discussion
…and efficiency of arbitration. 5. Pre-hearing process management. One of the most important developments in commercial arbitration is the increased emphasis on pre-hearing process, particularly information exchange (or, in U.S….
The Collateral Effect of an International Arbitration Award: A Capital Markets View
…process in order to recover the pending amount would start. Once the local enforcement order is rendered, the phase of execution begins and the collection of money from the Country…
Singapore Court Reviews Investment Arbitral Tribunal’s Decision On Jurisdiction: What Standard Should Apply As to Evidence?
…Marshall is to allow fresh evidence to be adduced in a case on which judgment has already been delivered. It is thus directly linked to the appellate process. By applying…
Should Investment Treaties Have Their Own Rules of Interpretation?
…allows for recourse to supplementary means of interpretation, including the preparatory work of the treaty and the circumstances of its conclusion, to confirm the meaning reached through the process of…
New Procedures for HKIAC Administered UNCITRAL Arbitration
…of additional rules such as the IBA Rules on the Taking of Evidence in International Arbitration to govern the procedure. This process reflects the fact that arbitration is a ‘creature…
BIT, Energy Charter Treaty, European Commission, European Law, European Union, ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, ISDS
EU Law and Investment Law: Two Worlds Apart?
…protection have been pushed into the background, while the preservation of policy space and other (sometimes irrational) political concerns dominate the decision-making process. In sum, the timing and the topic…