…enforceable.” Concern over trustworthiness of the process is reasonable and it is not without precedent. Take, for example, this statement by one country’s delegate at a previous meeting on the…
…the Arbitral Process” demonstrates the following examples: – Submissions: A sequential exchange of two rounds of submissions by each party is the norm, even though some practitioners would prefer wider…
…and the parties’ right of defence (due process) was guaranteed. The parties will have to prove this was the case by presenting the necessary documents pertaining to the arbitration in…
…the proceedings and to take necessary steps to safeguard the process. Arguably such steps could amount to nothing more than a “gentle wrap on the knuckles”. However, since “lawyers don’t…
…it was PGN’s onus to prove that this was the correct process to follow, but that it had not discharged that onus. In any case, the Court of Appeal held…
…EU Member States, would follow Italy’s example and leave the ECT. But looking at the bright side of the Energy Charter Treaty and Process, on 21 May 2015, over 65…
…more willing to participate in an ad hoc process where their fees are more freely negotiable. Ad hoc arbitration may also be especially suited to sophisticated commercial parties who will…
…interim measures). Article 222 may be open to question and in fact I don’t agree with it, but the Spanish civil process is governed by the principle of procedural legality…
…arbitration; it certainly is, but it is always secondary to due process. Once an arbitration proceeding is underway, the task of the arbitrator is to ensure compliance with due process,…
…panel of DB Members, from which each party can select one member. Each panel member has passed through a two-part process of assessment and training prior to listing: – a…
…the term ‘investor’ refers to a legal or natural person who develops certain facilities in the territory of another state in order to get involved in the process of generating…
…qualification of the arbitration agreement was only part of the reasoning. Second, it seems that the Supreme Court was faced with a clear instance of fraud in the process. The…
…On the other hand, under paragraphs 5 and 12 of the Resolution No 18, it follows that, in the process of recognition and enforcement of foreign arbitral award, the claimant…
…put their case, the process should be structured to put the arbitrators in a position to make a sound decision. Looking forwards, the panel on the evolution of process considered…
…un-remedied and egregious violations of due process, and manifestly abusive treatment involving continuous and outrageous coercion and harassment. These provisions indicate that India has decided to supplant the vague FET…
…intra-EU ICSID award with EU policy. Typically, enforcement of an arbitration award against a foreign state is subject to personal jurisdiction, service of process, and venue requirements under the U.S….
…related agreements. Parties should ensure that their arbitration clauses are tailored to the needs of the underlying transaction(s) and that they will promote an efficient and cost-effective dispute resolution process….
…any dispute resolution mechanism. But “fairness” in this context means ensuring that the arbitrators are impartial and fair-minded and that the requirements of fair and due process are met. It…
…the procedure much more open to debate. Some DAB members will not be keen to operate in such circumstances. How does this process compare with arbitration? As with dispute boards,…
…action that would prevent, or refrain from taking action that is likely to cause, current or imminent harm or prejudice to the arbitral process itself” and to • “preserve evidence…
…determination of the place of the annulment proceedings of the arbitral awards and the courts with supervisory jurisdiction over the arbitral process. The Dubai Court of Cassation in this instance…
…and arbitrators substantial leeway to tailor the process to their needs. Certain other features are by now common to virtually all modern institutional rules, whether they are promulgated in Cairo,…
…pre-investment protection – also render the BIT less likely to encourage new investment. Article 8 of the BIT exempts SOEs in the process of privatization from most-favored nation (MFN) and…
…“a host state has discriminated on the basis of nationality, has failed to accord a foreign investor due process, or has expropriated the property of a foreign investor without payment…
