One for the Money – Renewing Institutional Arbitration in India
…by an order issued by the arbitral tribunal terminating its mandate caused by the failure of the Claimant to participate in the arbitral process and the non-payment of fees. The…
Search Results for: due process paranoia
Arbitration Proceedings, BIT, Foreign Investment Law, Investment, Investment Arbitration, Investment protection, Venezuela
Apropos of ConocoPhillips v. Venezuela: Revision of Earlier Decisions in Fragmented Proceedings – A Matter of Principle?
…reasons of legal efficiency, the integrity of the process and certainty could influence an ICSID arbitral tribunal to conclude that it does not have the power to re-open earlier decisions….
Impact of Foreign Bankruptcy Proceedings on Pending Arbitrations in Switzerland: Need for a Change in Swiss Legislation?
…is in the process of discussing the draft law. Conclusion There seems to be general consensus that bankruptcy should in principle not prevent pending arbitrations from moving forward. The clarification…
BIT, Expropriation, Fair and Equitable Treatment, Fair market value, ICSID Convention, International Court of Justice, Investment, Investment Arbitration, Investment protection, Investor, Permanent Court of International Justice
Investment Arbitration: Legal Implications of the Threat to Expropriate
…expropriate subject to the observance of specific requirements such as public purpose, non-discrimination, accordance with due process of law and payment of ‘adequate, effective and prompt’ compensation. Consequently, expropriation carried…
Arbitration Agreements, Argentina, BIT, Investment agreements, Investment Arbitration, Treaty, U.S. Supreme Court
BITs as Contracts, and Lurking Consent Issues: BG Group v. Republic of Argentina
…the State’s consent to enter into an arbitration agreement.” The Court, however, was not swayed by this argument, concluding that the term consent would not alter their decision-making process. Justice…
“Between Iraq and a Hard Place”: The problem of non-ratification of the New York Convention in Baghdad
…judge who incorrectly applies domestic law provisions to the foreign enforcement process. Taking a recent example, a decision from Qatar’s Court of Cassation, in September 2013, betrayed the judge’s misunderstanding…
Efficiency at all cost – arbitration and consolidation?
…arbitration proceeding is considered progress with respect to the efficiency of the arbitration process. Consolidation is a procedural mechanism allowing for two or more claims to be united into one…
Arbitration Agreements, Arbitration clause, Arbitration Proceedings, Due process, Res Judicata, Sport arbitration
Invalidity of arbitration agreement when lack of choice to refuse it
…This decision sheds in interesting light on a related issue, that of due process. Of course, due process relates to the access to courts, but it remains an important issue…
The Ghost of the Governing Law Returns: Lex Arbitri v. Curial Law in India
…reference to London; and (2) an “absurd” situation would arise because “the Indian Arbitration Act, 1996 would apply to the process of appointment under Section 11; English Arbitration Act, 1996…
Interview with Gary Born
…treatise, in three volumes, providing the most complete and up-to-date available commentary and analysis on all aspects of the international commercial arbitration process. We will talk about his work as…
Paperless Arbitrations – Where Do We Stand?
…seek to cut costs and are keen to render the arbitral process more efficient. However, is an across-the-board effort really being made? Or are some practitioners sticking their heads in…
An Eleventh Circuit U-Turn: How International Arbitration Practitioners Should Now Engage § 1782 Discovery in the United States
…to ensure a streamlined process, it would be advisable to include discovery waivers. Alternatively, parties could limit to the arbitral tribunal the right to seek discovery under § 1782. This…
Arbitration in Asia at full gallop
…adopted in Hong Kong and Singapore. And the courts in both jurisdiction hand down (at the highest levels) judgments that understand and support the arbitral process whilst retaining and balancing…
Argentina, Domestic Courts, ICSID Convention, Investment, Investment Arbitration, United States, vacatur
BG Group v Argentina: Would ICSID Arbitration Have Been Different?
…above, if BG Group had instead been an ICSID-administered arbitration, the process for challenging the award would have been far more streamlined: the losing investor would have had only one…
Incorporating IBA Guidelines Into A “Code of Ethics”: A Step Too Far?
…override any applicable national law or arbitral rules chosen by the parties’ (Guidelines). Moreover, they are ‘a beginning, rather than an end, of the process’ (idem). The Guidelines surely represent…
Procedural Issues Resulting From a Fraud Claim in International Commercial Arbitration: An English Law Perspective
…it sees fit, until the outcome, or partial or interim outcome, or any other pending proceedings (whether court, arbitration or supra-national proceedings), or any active dispute settlement process, may grant…
Arbitrating Disasters
…days would have caused only minimal additional corrosion and that S&WB’s failure to mitigate damages after Katrina and the normal aging process of steel submerged in sewage for 40 years…
Arbitration clause, Best practices, Conflicts of interest, Evidence, IBA Guidelines on Conflicts of Interest, IBA Rules of Evidence, ICC Arbitration, International arbitration
Lists, Checklists, Guidelines, Principles, Techniques, Protocols, Best Practices: Are They Useful?
…when the arbitration process has already commenced – by conducting a procedure in the most appropriate way and by rendering an enforceable award. Law firms have also their own best…
Attachment orders in support of enforcement actions of arbitration awards: An Abu Dhabi Court of Cassation invention
…action given the anticipated duration of the arbitration proceedings and the mandatory ratification process before the UAE Courts following issuance of the award. A claimant should be aware, however, that…
Consent, Corruption, ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection, Israel
Metal-Tech Ltd. v. Republic of Uzbekistan – Is Really No One Getting Punished?
…plant to process. In 2006, the Public Prosecutor’s Office for the Tashkent Region initiated criminal proceedings on the ground that officials of the joint venture had abused their authority and…
Primera v Jiangsu – Challenging an Award on the Ground of Serious Irregularity: English Courts Criticise Attempts to Nitpick an Award
…enquiry under Section 68 of the Arbitration Act 1996 (“the Act”) is to ascertain whether due process has been observed in the making of an Award. It is not designed…
Arbitration: An Effective Tool for Resolving Investor-State Disputes in the Extractive Industries?
…throughout the dispute settlement process itself. Heightened tensions with local communities bring with them accompanying reputational and commercial risk, while increasing the likelihood of NGO involvement in the arbitral process….
Hong Kong Court of Final Appeal confirms robust approach to costs in unsuccessful set aside applications
…placed by the Hong Kong courts on the finality of the arbitral process. On 9 May 2012, the Hong Kong Court of Appeal unanimously overturned the first instance decision in…
The Commission’s factsheets: a declaration of faith in the EU BITs world?
…civil or administrative proceedings; b. Fundamental breach of due process, including a fundamental breach of transparency, in judicial and administrative proceedings. c. Manifest arbitrariness; d. Targeted discrimination on manifestly wrongful…