…the arbitration agreement in a separate court action. Although there have been attempts to extend the court involvement in arbitration process, all attempts have failed due to heavy objections raised…
…It, therefore, initiated the process of redrafting its new Model BIT. Earlier this year, the Government had released a Draft Model BIT (“Draft BIT”) for public consultation and comments. The…
…sanctity of the arbitral decision-making process. More specifically, how can we ensure that arbitrators are impartial and independent? This discussion was of course an extension of the dialogue among the…
…a non-discriminatory manner; (iii) on payment of prompt, adequate and effective compensation; and (iv) in compliance with due process of law. The US-Oman FTA also contained “a shared understanding” between…
…any stage, the parties may initiate a mediation process (Article 5). – If the investor is a US national the investor shall request that the European Union determine who is…
…information that risk, if made available to the public, jeopardizing the integrity of the arbitral process would not fall in the category of documents publicly available. Also, the first procedural…
…also seem natural. Words like “transparency” and “accountability” today seem like obvious requirements for a process and important and delicate as arbitrator selection. In 1995, these terms were anathemas. Back…
…other arbitral institutions and concluded that they offered a shorter and more simplified process to resolve disputes, which ultimately saves time and cost. He argued for further cooperation both within…
…made the subject of disclosure by an arbitral tribunal or Australian court. These amendments adopted the position taken in many submissions received during a public consultation process, which were overwhelmingly…
…process as well as the opportunity for the disputing parties to find a neutral venue that is not linked to any national system. While Italy is one of the less…
…because of potential conflicts of interest. Several objections and delays may affect the arbitral process due to the undisclosed use of external funding, like the removal of the arbitrator, the…
…modern international arbitration contained in the UNCITRAL Model Law of 1985 and was thus accordingly reviewed and updated. The result of the subsequent amendment process was the 2002 Thai Arbitration…
…maintained a positive position toward the arbitral process, stating for example: “While Vietnam wishes to continue to encourage foreign investment and remains committed to its obligations under international treaties which…
…at the seminar in Latin America. The seat of the arbitration has to consider a robust judiciary, able to support the arbitral process; this being a reason why London is…
…nonetheless derogate from the Rules in consultation with the disputing parties under Article 1(3)(b) of the Rules on Transparency. ‘Logistical reasons’ or the ‘integrity of the arbitral process’ further serve…
…arbitration, and the no less considerable European scepticism towards that process, the Investment Chapter of the Comprehensive Economic and Trade Agreement (CETA) is a uniquely balanced and innovative document, which…
…requests are a further concern of arbitrators. If document production requests are rejected by the arbitral tribunal, the losing party may challenge the award by arguing that due process or…
…The first percentage on calculation of damages was confirmed in the Decision of Annulment. ¶ 419-420. Annulment process On October 9th, 2012, Ecuador filed a request of annulment of the…
…process, including the means of challenging the final award or resisting enforcement on this matter. 5. Setting Aside and Enforcement of Awards. Following the structure of the Model Law, the…
…foreign law to govern the arbitration agreement. Thus, it seems that Reliance II has not left the Indian courts with any teeth to interfere in the arbitration process by relying…
…due process control, such that the parties must be made aware of, and be given a reasonable opportunity to comment in particularized fashion, on the suspicion or evidence of illegality”…
…requirements of admission or registration. By admitting or registering investments through some formal process, States are better able to identify in advance the investors which may be affected by proposed…
…ethical issues that are alien to the arbitration process. Indeed, under both the IBA Guidelines and the LCIA Rules, the enforcement of ethical rules and the power to pronounce sanctions…
…of the U.S. Department of Commerce had reported on its website that the Iraqi State Shura Council (ISSC) was in the process of reviewing two laws, one on ICSID membership…
