…are two-pronged, involving recognition before the Superior Court of Justice and enforcement at the Federal Court of São Paulo. A three-stage appeals process, including a constitutional appeal before the Supreme…
…in settlement, and it is axiomatic that a failed mediation that does not obviate the need to proceed to arbitration adds to the length of the overall process. Parties who…
…state entity terminated the contract based on the apparent illegality of the process whereby the contractor had been selected. The contract, as such, contained an arbitration agreement. The private contractor…
…of Trinidad and Tobago, the conciliator (Lord Wilberforce) conducted, in essence, evaluative mediation between the parties. The ICSID conciliation process thus differs from interest-based mediation (facilitative) but is closer to…
By Alessandro Villani and Manuela Caccialanza One of the more debated issues in the process of the implementation and review of Regulation No. 44/2001 (“Brussels Regulation”) was the general exclusion…
…involved in obtaining and enforcing judgments in Saudi Arabia. If a new arbitral process will allow parties to easily and efficiently enforce foreign awards in Saudi Arabia, this would be…
…investment if the investor’s interests become entangled in the criminal process directly or indirectly [para 278]. It was on this point that Rompetrol obtained partial success. The Tribunal found that…
…of the SC may be appealed to a final and binding arbitration process. Any arbitration award shall be enforceable in a court of law of the domicile of the signatory…
…goes forward without prejudice to the tribunal’s competence to rule on its own jurisdiction. The previous rule had a one-step process, i.e., a Committee of the Board (the predecessor to…
…v Argentine Republic (ARB/30/3) the Tribunal determined that the Argentinean law should necessarily be dealt with in the decision making process for the purposes of inquiring into host State’s liability….
…issues. The Committee also suggested the implementation of a web page to accompany the works of the Committee and to ensure the participation of those interested in the amendment process….
…and safety program that includes “[a] process for binding and legally enforceable arbitration of disputes between parties to this MOU with respect to this MOU and the program….” In other…
…the lightness of the Rules than the speed of the process. These Rules present themselves as a short set of rules addressed essentially to experienced international arbitration users, therefore relying…
…fast-track arbitration process that is geared to take a mere 8 months to determine whether a government is not complying with its CAFTA obligations. Indeed, I’d noted that the constitution…
…for refusing recognition and enforcement of foreign arbitral awards as part of the new CCP is a welcomed development that will ensure the transparency of the process. Finally, as far…
…the Bill are welcome evidence of the Hong Kong government’s continuing support for the arbitration process in the city, which is one of the world’s leading seats for international arbitrations….
…should be conducted, and help build confidence in the selected chair. In short, interviewing can correlate with higher party satisfaction with the overall process and the tribunal. Of course, interviewing…
…attempts at conciliation or mediation are to precede the arbitral process. Attempting to distinguish those cases explains the court’s emphasis on the treaty’s requirement that redress initially be sought in…
…like there are pathological arbitration agreements, there are pathological treaty provisions that point in multiple directions at the same time. In this disorder, arbitrators are the guardians of a process—not…
…witnesses, asserting frivolous new claims at the last hour and threatening to appeal on the grounds of due process if the claim was not allowed, asserting frivolous challenges against the…
…interest, would not be implemented in accordance with due process and would be discriminatory. This kind of action raises a number of unresolved questions. Some of these questions are at…
This post is a little different… I am in the process of revising my treatise, International Commercial Arbitration (Kluwer 2009), and would like to solicit comments from readers of the…
…of the Court’s decision it appears that the complex process provided in the Treaty would have to be undertaken every time there is a similar violation to identify the existing…
…or durable results. These data may mirror anecdotal evidence that mediation is often subject to manipulation by attorneys seeking to prolong or frustrate the dispute resolution process or “spin” mediators….
