…it. In this respect, the distinction between construction and interpretation must be appreciated. Construction is the process of giving meaning to vague terms, while interpretation is the process of selecting…
…but only a quarter of advisors, think that in cases over a certain value, courts and tribunals should automatically initiate a mediation process from which the parties can opt out….
…faith as an open or abstract clause that is filled in through a decision-making process. In this sense, good faith may be used in every circumstance and has the virtue…
…by the Swiss arbitration law (i.e. Chapter 12 of the Swiss Private International Law Act), the current revision process of the Swiss Arbitration law has no intention to modify or…
…will no doubt be an additional cost associated with such a process. Parties will have to pay the fees of an additional arbitrator alongside the costs of that arbitrator’s consultation…
…of adversarial process. Additionally, in accordance with Article 2(2) of the aforementioned Decree-law and as stated by the Court in Ascendi, the Tax Arbitral Court follows criteria of strict legality,…
…in the decision-making process: 1) The amount in dispute and the penalties at stake can contribute to the determination of the importance of finding the truth. The higher the amount…
…to provide empirical data to aid the decision making process for the proposed UNCITRAL convention on the international enforcement of settlements reached in mediation. IMI Survey of Corporate Needs The…
…that the United States adopted the Import Alert without due process, in violation of the customary international law minimum standard of treatment. Apotex asserted that certain of its ANDAs which…
…government into an unfavorable settlement of a prior arbitral award concerning its investment, with its employees having been physically threatened, arrested and detained in the process. No wonder then that…
…courts will take note of the Law Commission’s recommendation and remove some of the hurdles in the arbitration process in India as far as may be possible through judicial intervention….
…The Court found that that the amended concession provision was not legally binding as the process for amendment did not to comply with certain government regulations. The Supreme Administrative Court…
…arbitration is increasingly seen as an alternative to a slow judicial process. But private arbitration is not the solution since, without an accessible public forum for the adjudication of disputes,…
…longer than the 84-day period contemplated in the FIDIC Conditions for the DAB to render its decision – and that the Owner had dragged its feet in the process of…
…resolution clause is mandatory, (ii) a third party’s intervention (either as a mediator or conciliator), including the nomination process or appointing authority, (iii) the starting point of the conciliation (notification),…
…do so (examples include the Netherlands, Western Australia, the British Virgin Islands, India, and Myanmar). The globalisation process turned international arbitration into the preferred method of dispute resolution. As a…
…is enacted for a public purpose, in a non-discriminatory manner and according to due process of law, and provided that provisions be made for prompt payment of effective and adequate…
…(at least in the absence of express power) the exercise of summary judgment by arbitrators constitutes a denial of due process. The English Court rejected these submissions, holding that the…
…and in exceptional cases set aside arbitral awards. At the same time, further stages of the enforcement usually become time consuming and sometimes even ineffective process, which does not show…
…debates, while also furthering the reverse process of bringing more domestic constitutional law thinking into investment treaty-making. This is likely going to replicate a process within the EU that has…
…legal process outsourcing company in India – coffee for an arbitration hearing held at the Intercontinental Hotel in Geneva (three arbitrators, tribunal secretary, and a counsel and party for each…
…an effective, efficient and fair process. The LCIA reports that its new Director General, Dr Jacomijn van Haersolte-van Hof, thanked those who contributed to ‘the meticulous and thoughtful drafting process,…
…reasons for the obstacles that women have to face when pursuing arbitration careers in Brazil were identified by the authors in the process of conducting research for this article. First,…
…Parliamentary process and related media coverage have allowed some reasoned debate and a better understanding of the pros and cons of ISDS in the 21st century. Happily, too, the Australian…
