…done through the legislative process. The Internal Rules are drafted and issued internally within STJ and do not form part of that legislative process. As a result, it is highly…
…Thus it has become de rigueur for a sovereign to challenge and obstruct the arbitral process, through challenges to the appointed arbitrators, jurisdictional objections, and post-award challenges to awards and…
…arbitrator selection process, and trust that parties and counsel are aware of the limitations described above. Prior awards are simply another source of information about arbitrators. They are a unique…
…in this context to follow the legislative process in Switzerland regarding the Swiss Federal Financial Services Act, as the current draft seeks to facilitate the adjudication of private clients’ claims…
…Arbitration Rules offer clarity as to the process,containing sample forms for all relevant applications. The commencement of these rules is itself significant. Prior to 1 December 2014 applications brought by…
…towards the arbitral process that is in keeping with current international best practices. To those familiar with Indian arbitration law, this is a progressive development and marks a welcome contribution…
…International Mediation Centre (“SIMC“) in November 2014. Unlike the SIMC’s Arb-Med-Arb protocol that envisages mediation as a complement to the arbitral process, the SICC appears at first blush to be…
…BIT, like any other treaty, is the process of mutually agreeing to a set of terms. A very crucial fact that should be borne by India while finalizing the new…
…the arbitral process, and enforcing international norms to ensure fairness. One particular lesson from the conference is the importance of planning. With $25 billion in infrastructure projects currently on the…
…process (Arb-Med-Arb). Indeed, the International Arbitration Act (Cap. 143A) (“IAA“) itself already contemplates the use of conciliators/mediators during the arbitral process. Sections 16 and 17 of the IAA in particular…
…continues to be the tension between the courts and the arbitral process: while judicial support is vital to the arbitral process, excessive intervention may diminish the party autonomy and efficient…
…Int’l 357 (2007), 374). According to Professor Kaufmann-Kohler, “[w]hen arbitrators apply a body of rules that is less developed and is still in the process of being formed, their role…
…wider public and extending this level of transparency to arbitration would not benefit the arbitration process or the disputing parties. I could use here two extreme court litigation examples, the…
…AG v SA Veolia Properte, CA Versailles, No 05/01038, 1 June 2006) • In Australia, it is not an abuse of process for a funder to exercise a degree of…
…same time, they gradually changed their policies with respect to investment protection and international arbitration. As part of this process, most Latin American countries ratified the ICSID Convention. Investment treaty…
…the leading global arbitral institutions. It aims to bring the arbitral process conducted on their basis to the best international standards, addressing the demand for reliable, swift and cost-effective arbitration…
…the purported benefits of the process, most particularly the extent to which parties can expect to save time and money as a result of mediation and conciliation. Unfortunately, this study…
…of Egypt (“Egypt”) and the dispute concerned the purported expropriation through denial of justice and abuse of process of (i) the Claimant’s right to arbitrate and (ii) an award rendered…
…system currently undergoes a process of reformation, tailored to the requirements and needs of potential arbitration users and the parties to international disputes. International Institutional Arbitration The Court of Arbitration…
…continuing efforts to preserve the balance between upholding the finality of the arbitration process and safeguarding its integrity. The rigorous approach taken by the court in AKM v AKN sends…
…being said, according to the Chief Justice, the conversion process would likely be facilitated if referred to arbitration under DIFC law before the DIFC-LCIA (as an institution – one may…
…enforcement process that can be brought before the Arab Investment Court (AIC). Interestingly, Article 11 limited the powers of the AIC to only review applications for enforcement, instead of annulment…
…about guerilla tactics, where counsel deliberately impede or obstruct the arbitral process. A tribunal’s failure to be able to control counsel prevents effective and efficient resolution of the dispute. Given…
…Justice Sir David Steel rejected an argument of abuse of process in the following, self-explanatory terms: “43. It is right to say that there is no evidence that Meydan has…
