…conventional wisdom that investor-state dispute settlement, or ISDS, is in need of court-like transparency, arguing that extending court-like transparency to arbitration “would not benefit the arbitration process or the disputing…
…part of the arrangement, MOL and the Croatian government entered into a Shareholders’ Agreement dated 17 July 2003. Between 2003 and 2007, the Croatian government continued the process of privatizing…
…process. Moreover, although Lithuania is a modest player in comparison to the countries with long lasting arbitration traditions, its recent case law, analyzed below, provides a meaningful input to the…
…this November. Given that most political parties have expressed support, it is hoped that the parliament will accept the changes now long overdue and in the process smoothen the edges….
…to explore how recent efforts to improve international arbitration are faring, and the arbitration community’s assessment of other innovations to the arbitral process. Views were sought from a comprehensive range…
…scrutiny process under the ICC Rules, where if a consensus cannot be reached by the members during the Court’s weekly committee session that scrutinises the award, it shall be submitted…
…inexpensive proceedings. By contrast, so they say, today’s arbitral process has become so over-sophisticated, over-lawyered and suffocated by a plethora of detailed laws, rules and guidelines that arbitration is hardly…
…Russia. HKIAC’s appointment process reflects this, encouraging parties to appoint the arbitrator of their choice while also including a number of arbitrators capable of conducting proceedings in Russian on its…
…The deadline for commenting on the proposed revisions has now passed, and the legislative process will continue, with the aim of a revised Act entering into force in July 2016….
…of due process and manifestly abusive treatment, but only if the violations of due process are “un-remedied and egregious” and the manifestly abusive treatment is “continuous, unjustified, and outrageous” coercion…
…would, it was thought, give parties due process comfort because they would know that their application had been properly considered. There would also be a benefit for the arbitral community…
…the Superior Tribunal de Justiça (“Superior Court of Justice” or “SCJ”), which has exclusive jurisdiction to decide such applications. The multi-tiered process adopted by Brazilian law has the disadvantage of…
…October 2014 that the FTA negotiations with Singapore have been finalized. However, the signature and ratification process of the EU-SING FTA has been halted by the European Commission’s request for…
…sanctions on the arbitral process and its participants has shot up the agenda. In fact, in the case of the Russian sanctions, the visible impact on arbitration – the subject…
…countries (France, Germany, UK, Russia, US and China) as well as Iran itself, must obtain approval for the JCPOA from their respective national legislative bodies. Such process may involve a…
…50 per cent. The draft law was sent back for further works to the lower chamber of the parliament, which will at least delay the legislative process. There are, however,…
…of the decision-makers sets the arbitral process apart from litigation, and is touted as a key selling point. When exercising this right, it is now increasingly common for parties to…
…determined jurisdiction, and provided that due process is respected, why should courts or dispute resolution practitioners not accept such choice on the ground that no hearing, meeting, deliberation or signature…
…due process known as principe du contradictoire implies that arbitrators cannot introduce any new factual or legal issues without inviting the parties to comment thereon. As a consequence, an award…
…of interpreting Article 399A (Further information about the process may be found here). As it stands Article 399A states that “Where a person, who is charged by law with the…
…the implementation of the project on account of potential environmental risks and inconsistency with “community core values”. The investors alleged that there was “inappropriate political interference in the regulatory process”…
…high level, although it remains within the framework of the law of the seat of the tribunal. Direct interference with arbitral process is seldom to be seen, especially if the…
…upon governments to adopt more transparent and consultative approaches to the negotiation of trade and investment treaties. The report, titled “Blind Agreement: Reforming Australia’s Treaty-Making Process”, expresses the Committee’s concern…
…enforce a domestic non-DIFC award in mainland Dubai may be able to circumvent the more cumbersome process of ratification on the basis of Article 216 of the UAE Civil Procedures…
