A European Perspective on the Arbitration of Patent Disputes
…there can also be appeals “with leave” from procedural orders of the Court of First Instance, in a complex matter one is probably looking at a two-year process as a…
Search Results for: due process paranoia
The liability of arbitrators in the UAE: Quod novi sub sole?
…a DIAC tribunal of three for (i) failure to suspend the arbitral proceedings pending completion of a parallel arbitration process; (ii) failure to respect the terms of a confidentiality agreement…
The “Additional Weapon”: Practical Tips for Effective Expert Conferencing in Arbitration
…the results of a 2013 survey by the Singapore International Arbitration Centre. Expert conferencing can prove a baffling process for the lawyer trained to deal with witnesses (including experts) one…
Enforcement in Dubai: Two Recent Cases
…process. Historically, the UAE has been a challenging place in which to enforce foreign court judgments and orders. This is principally because: (a) in the absence of an international treaty…
Appeal, Arbitral Tribunal, Investment Arbitration, ISDS, Transatlantic Trade and Investment Partnership
Fit for purpose? The EU’s Investment Court System
…the limit this would place on the investor’s enforcement options, as the ICSID Convention could not be applied, making enforcement a much longer and more cumbersome process. All in all,…
India’s revised Model BIT: Every bit worth it!
…host State to commit violations of customary international law that amount to a denial of justice, fundamental breach of due process, targeted discrimination and manifestly abusive treatment (see Art. 3.1,…
First Argentine Court Judgment on the Recognition of an ICSID Award
…Argentine international public order incorporates the principle of due process of law. The Judgment did not distinguish that, while Argentina’s National Code of Procedure and international treaties provides for the…
Amicus Curiae, Investment Arbitration, SIAC, Singapore, Singapore International Arbitration Centre, Third party funding
A Brief Overview of the Draft SIAC Investment Arbitration Rules 2016
…speed up the investment arbitration process, while taking into consideration the constraints faced by State parties: – Rule 1.1 provides that the draft SIAC IA Rules will be applicable by…
Persisting Problems: Amendments to the Indian Arbitration and Conciliation Act
…to, on its face, address the issue of protracted timelines in Indian arbitrations, further analysis shows that the process may be intrinsically flawed. First, the arbitration cases come in a…
MDIS v. CORAL: Can Two Challenged Arbitrators Render An Enforceable Award?
…award before the First Commercial Chamber of the Superior Court of Lima. MDIS argued that the two arbitrators had violated due process rights of the parties and that the arbitration…
CETA, EU-Vietnam Free Trade Agreement, European Union, ICSID Convention, Investment agreements, Investment Arbitration, Investment protection, ISDS, TPP, Transatlantic Trade and Investment Partnership
The TTIP Negotiations: US versus EU Leadership in Global Investment Governance
…December 2015 and, in quite a coup for the Commission, into the Comprehensive Economic and Trade Agreement (CETA) with Canada during the process of ‘legal scrubbing’, as announced on 29…
Creeping “Crusade” of Russian Courts against Arbitrability of Public-Related Disputes
…dispute emerged from undue performance by the latter of its obligations under the works agreement concluded through a bidding process pursuant to the Federal Act No. 223-FZ “On Procurement of…
“Any Party May Submit the Dispute to Binding Arbitration”: the Privy Council Examines the Option to Arbitrate
…to arbitration are under mutual proceedings to co-operate in the pursuit of the arbitration. The arbitration process is one underpinned by consent. In that regard, a notice that triggered the…
New Perspectives and Challenges for International Arbitration in Armenia
…agreed to refer their dispute settlement to an arbitration tribunal. The requirements of this section extend to any mandatory process by which the right of consumer to refer to the…
Could Indonesia join the TPP?
…It is a positive signal for foreign investors. At the same time, there are many reasons to doubt that the process of accession will be straightforward. Out with the old…
Reasoned Awards in International Commercial Arbitration
…key assurances regarding the nature and quality of justice that is being dispensed by the arbitrator; • use of reasoned awards improves the quality of the decision-making process and consequently…
The Impact of Third Party Funding on Allocation for Costs and Security for Costs Applications: The ICCA-Queen Mary Task Force Report
…and investigate the impact of TPF on the process of international arbitration prompted creation of the joint ICCA-Queen Mary Task Force on TPF in 2014 (co-Chaired by Professors William Park,…
International Arbitration in Italy: Is the American Rule the Solution?
…their default rule on costs. On what do I base my proposal? First, and most crucially, the American Rule would provide the parties with certainty throughout the process in terms…
Arbitration in Hong Kong: Looking Back at the Year of the Sheep
…awards. These principles, which have been described as “10 commandments” of enforcement, are as follows: First, “the primary aim of the court is to facilitate the arbitral process and to…
Arbitration in the Abu Dhabi Global Market: Ready, Steady, Go …!
…More specifically, on 17 December 2015, the Board of Directors of the ADGM enacted the so-called ADGM Arbitration Regulations 2015, following an initial consultation process, which completed in December 2015…
Myanmar Joins the UNCITRAL Model Law Asian Vanguard*
…Party autonomy and independence of the arbitral process – Section 8 of the Arbitration Law incorporates Article 6 of the MAL which, read with Section 22 (incorporating Article 19 of…
Avoiding Re-litigation of Identical Issues at the Enforcement Stage: A Deferential Approach
…binding under the parties’ arbitration agreement (as this provided for a review process of the award, which was still pending) and was therefore unenforceable. Similarly, in 2015, a Hong Kong…
Challenges and Opportunities in International Energy Arbitration: a Report from the 3rd Annual ITA-IEL-ICC Joint Conference
…country entry process must be disciplined, defined, and documented. Geologic risk is one very important consideration in that process, as are the country’s history, the legal terms applying to foreign…
Spotlight on International Arbitration as a Means of Settling Disputes Arising from Climate Change
…standards in the context of disputes arising from climate change. Affected populations could participate in the arbitral process provided that they are permitted to do so pursuant to the arbitration…