Failure To Appear At A Hearing – A Risky Tactic?
An English court recently ruled on important questions relating to arbitration due process. In Interprods Ltd v De La Rue International Ltd, [2014] EWHC 68 (Comm), the Queen’s Bench Division…
Search Results for: due process paranoia
Stop Ignoring the Elephant in the Room!
…that the services of a secretary may go beyond purely administrative tasks and that “a secretary may provide limited assistance to the arbitral tribunal in its decision-making process”. Much like…
Arbitration In Egypt And The UAE: Reflections On Law And Practice
…is no separate Arbitration Law, but the UAE legislature is in the process of considering a new Federal Arbitration Law based on the UNCITRAL Model Law. The most recent draft…
Dubai Award Survives Bribery Challenge in England
…for the racecourse. However, to secure its nomination as a subcontractor, the tender process required Honeywell to pay around USD142,000 in deposit, documentation and lithography fees to TAK. In June…
Different Strokes for Different Folks? The Role of the Tribunal Secretary
…to the uncertainty regarding their proper role in international arbitration. This, in turn, might negatively affect the perceived legitimacy of the arbitral process and the resulting award, as questions might…
The Consistency of the UNCITRAL Rules on Transparency with the Transparency Policy of Some Latin American Countries
…in order not to harm the arbitral process or the rights of the parties. Luis Miguel Velarde Saffer is a lawyer who graduated with honors from the Pontificia Universidad Catolica…
Arbitral Tribunal, Arbitration, Arbitration Agreements, Arbitration clause, Energy, Gas Supply Agreements, Price revision
Arbitration Clauses in Gas Supply Agreements
…clause calls for a three-member panel, neither party has full control over the appointment process. However, it is not recommended to insert in the arbitration clause specific requirements an arbitrator…
Appointment of arbitrators, Arbitral Tribunal, Arbitration Institutions and Rules, Arbitration Proceedings, Commercial Arbitration, Corporate Counsel's view, Counsel, Uncategorized
Negotiation in International Arbitration: Call for Papers
…to an arbitration institution or other designated authority under the applicable rules. Such an approach may ensure against disaster in the selection process. But as a negotiation objective this is…
Exorbitant Jurisdiction in the Enforcement of Arbitral Awards. Some Limits: Yukos Capital v. Tomskneft
…the appellate court found breaches of due process in the arbitral proceedings since Tomskneft was not properly served all necessary documents in the course of the procedure in Switzerland. The…
The Aftermath of the CIETAC Split: Two years on, lower courts take clashing views on arbitration agreements and awards– but higher courts strive for consistency
…to the judicial review process that applies to enforcement of all foreign and foreign-related arbitral awards in China. However, it is more rigorous, in that it requires all cases that…
Appellate Structure and Need for Legal Certainty in Investment Arbitration
…divergent findings on liability. Rather than creating certainty for foreign investors and states, the process of resolving investment disputes through arbitration is creating uncertainty about the meaning of those rights…
Belgium in the spotlight
…Model Law (public policy, due process, absent or invalid arbitration clause, inarbitrability). Yet, three additional grounds for setting aside are still available under the newly amended regime: (i) the absence…
Disclosure, Discovery, Document Exchange, Document Production, IBA Guidelines on Party Representation, IBA Rules of Evidence
Dealing with “Known Unknowns” in Document Exchange: A Comment on the ICCA Congress Session on Early Stages of the Arbitral Process
…only that parties and tribunals in international arbitrations would do well to look to the U.S. experience for guidance when issues regarding transparency in the document-exchange process arise. As a…
Annulment, Appeal, Arbitration, Arbitration Institutions and Rules, Joinder, Middle East, Uncategorized, United Arab Emirates
Dubai Court of Appeal confirms time extension provisions under the DIAC Rules and other pro-arbitration dicta
…in the underlying arbitration agreement to the conduct of the arbitration process under an institutional set of rules, such as the DIAC or the ADCCAC Rules, which, in turn, contain…
International Dispute Resolution in the Asia-Pacific – Arbitration in Australia Revisited
…released arbitration rules that may be adopted by the parties with a view to supplementing the Model Law and improving the efficiency and management of the arbitral process; and (b)…
ITA-ASIL 2014: Mass and Class Claims in Arbitration
…Moreover, according to Ms. Lamm, it would be a denial of due process if every potential claimant against Argentina had to pursue a separate proceeding. A mass action is not…
Using Investment Arbitration to Enforce WTO Commitments
…dispute. Investors may prefer an alternative dispute settlement process that places such decisions within their control. The incentives to settle an investment dispute depend on satisfying investors concerns rather than…
Would Reference to the Decisions of Investment Treaty Tribunals be of Assistance in the Interpretation of Political Risk Insurance Policies?
…tribunal stated: “By definition, creeping expropriation refers to…steps that eventually have the effect of an expropriation. If the process stops before it reaches that point, then expropriation would not occur….
ICCA 2014. What Do Users Really Think About Document Exchanges And Interim Measures?
…stressed that arbitrators need to be able to adapt to the case because one process does not fit all cases. The panel then turned to the question of interim measures….
ICCA 2014. Plenary Session of 8 April: Spotlight on International Arbitration in Miami and the United States
…discussed the need for consistency in Florida and the United States in the realm of international arbitration. He highlighted specific areas where consistency is needed: • Service of Process –…
ICCA 2014. Document Production and Interim Measures — Much Yet to Be Accomplished to Maintain Viability and Efficacy of International Arbitration
…and expressly hold that all information and documents — even if initially contemplated for impeachment purposes only — be disclosed as part of the initial process during the arbitration process….
ICCA 2014. Arbitral Institutions Are Expanding, But Are They Missing the Point?
…Further Legitimacy.” They finished grappling with a potential extension of this premise to its outer limits. For many users of the arbitration process, the institution can be the source of…
Appointment of arbitrators, Efficiency, International arbitration, New York Convention, Suggestions to improve transparency and access to usable data, Transparency in investment arbitrations
Piloting Arbitrator Intelligence
…neutrality of the tribunal and perceptions of the legitimacy of the process. Notwithstanding these stakes, the international arbitration community has been slow to re-imagine or reassess the arbitrator selection process….
ICCA 2014. Standard of Proof: A Plea for Precision or an Unnecessary Remedy?
…to fully understand the standard to which their claims are subjected has the potential and has in fact undermined the integrity and fairness of the arbitration process. The panelists focused…