Enforcement in China – What the Cases Show
…of due process, thereby justifying non-enforcement pursuant to Articles V(1)(b) and (d) of the New York Convention [see LM Holdings et al. v. Jiashijie Group et al. (2009) and FIC…
Search Results for: due process paranoia
Will Antisuit Injunctions Rise Again in Europe?
…arbitral process. UNCITRAL Article 26 states as follows: 1. The arbitral tribunal may, at the request of a party, grant interim measures. 2. An interim measure is any temporary measure…
What To Do When Parties Cannot Get The Full Arbitral Process That They Agreed
…by an appeals process), but never consented to Process Y (arbitration without an appeals process). The issue could also be seen as one of interpreting an otherwise existing arbitration agreement….
Arbitration in China – The Common Misperceptions
…that arbitration proceedings in China and in particular enforcement can go terribly wrong and be puzzling to western parties used to the western concept of ‘due process’, there is also…
The “Amparization” of the Justice System in Latin America and International Arbitration
…process. Although most modern legislations have espoused the principle of minimal or non-judicial intervention in arbitration, and have as a result narrowed the involvement of the national courts to a…
The Emergence of a Consistent Case Law: How NAFTA Tribunals have Interpreted the Fair and Equitable Treatment Standard
…itself comprised of different elements. NAFTA case law suggests that only the prohibition of arbitrary conduct, denial of justice and the obligation of due process are unambiguously stand-alone elements of…
United States brandishes threat of renewed state-to-state arbitration unless Guatemala ramps up labour rights improvements
…legislation providing for an expedited process to sanction employers that violate labor laws and to implement a contingency mechanism to address payment to workers in cases where export enterprises have…
Cross-border Disputes in the Financial Sector: A Trend towards Arbitration and the Release of the ISDA Arbitration Guide
…how to use arbitration as an effective tool to resolve disputes in the swaps and derivatives markets. The Guide is the result of a long consultation process, which began in…
Arbitral Tribunal, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Sanctions
Sanctions in US and International Arbitrations: Old Law In Modern Context
…ability to adjudicate claims effectively in the manner contemplated by the arbitration process” – the very process created by mutual intent of the contracting parties. 4)844 N.E.2d at 253 A….
Swiss Federal Court Annuls Arbitration Award due to Violation of the Right to be Heard
In a recent decision of the Swiss First Civil Law Court (X._____ v. Y.______, 4A_669/2012), an arbitral award was annulled on the basis that the arbitrator had violated the appellant’s…
Are Banks Changing? The New Big Industry for International Arbitration?
…of protection) will provide the level of confidence and comfort markets would expect from arbitration as a process. The jury is out but the arbitration community can certainly do this!…
Arbitration, Asia-Pacific, Commercial Arbitration, Domestic law, Hong Kong, International arbitration, Legislation, National Arbitration Laws
HKIAC: What Will The New Arbitration Rules Change?
…the arbitration process more efficient. Under Article 23.1 of the new rules, a party may apply for urgent interim or conservatory relief prior to the constitution of the arbitral tribunal….
BIT, ICSID Convention, Investment, Investment Arbitration, Investment protection, Investor, UNCITRAL Arbitration Rules
Can an Investor Claim Lost Profits for Breach of Pre-contractual Relations?
…requested the state to compensate his out-of-pocket expenses incurred in the process of negotiations with the state. The case went through all the three instances and the Supreme Court of…
Philippines-China UNCLOS arbitration moving forward without Chinese participation
…proceedings. Is the arbitration futile due to China’s non-participation? China’s decision not to cooperate with the arbitral proceeding has generated debate as to whether the arbitral process becomes “futile” or…
Tribunal Logisitics: Before, During and After the Hearing
…(and I know from frustrating personal experience) the arbitrator has lost intimate familiarity with the documents and where to find specific documentary passages. Obviously the process of writing an arbitral…
Second Look At The Foreign Award Forbidden On Enforcement – Indian Supreme Court
…arbitral tribunal seated in London rendered two awards against the Appellant company. After its unsuccessful attempts to frustrate the arbitral process through Indian Courts, the appellant company challenged these awards…
The Gang of Four Rides Again: Pathological Clauses
…clauses, a natural tension between the parties’ need for simplicity versus their desire to customize the arbitral process to suit the parties’ needs, and the occasional tendency to over-lawyer the…
Arbitration, Investment Arbitration, Treaty, Uncategorized, Vienna Convention on the Law of Treaties
The VCLT Is Not Hostile to Drafting History
…source of meaning per se. The understanding of interpretation that emerged was a recursive and messy process that would spiral in toward the meaning of a treaty, rather than a…
Confidentiality and Transparency, Investment Arbitration, Transparency in investment arbitrations, UNCITRAL Transparency Rules
UNCITRAL Unveils New Transparency Rules – Blazing a Trail Towards Transparency in Investor-State Arbitration?
…change the nature of the dispute resolution process under BITs or other investment treaties which provide for UNCITRAL arbitration, making it more open to public participation and scrutiny. But how…
The French Rothschild Case: A Threat for Unilateral Dispute Resolution Clauses?
…unilateral dispute resolution clauses are contrary to the basic principle of procedural equality of the parties, adverse to the nature of the dispute resolution process, and breach the balance between…
IBA Guidelines On Party Representation In International Arbitration
…proportionate remedy or combination of remedies in light of the” factors articulated above and refers to the process as “an overarching balancing exercise to be conducted in addressing matters of…
Miss Moneypenny vs. the Fourth Musketeer: the Role of Arbitral Secretaries
…in the decision-making process. As Brazilian arbitrator Gilberto Giusti put it at the latest IBA Arbitration Day: “We must make sure the tribunal secretary does not become the d’Artagnan of…
Commercial Arbitration, Domestic Courts, Interim Orders, Pro arbitration, Provisional measures, United States
When Will US Courts Grant Provisional Remedies When a Dispute is Governed by an Arbitration Agreement?
…provides further support for the notion that by picking arbitration as dispute resolution method, parties should stick to the arbitration process, rather than attempting to find redress in US courts….
Dubai Court of Cassation finds against recoverability of Counsel fees in DIAC arbitration
…is not bound by rules of process and procedure of the UAE courts in any event. For the avoidance of doubt, in our proposition, the Dubai Court of Cassation erred…