…In a decision that many will welcome, the Hong Kong court has sent another strong message of support for the finality of the arbitral process. In Pacific China Holdings Ltd…
…come’. He was constantly in forward motion, enjoying every moment of the adventure of building the world-wide social institution we now know as the international arbitral process. It was very…
…investors’ interest in an efficient dispute resolution mechanism outweighed Argentina’s interest to address the claims through its local courts: First, Argentina had during the restructuring of debts process enacted a…
…the existing law entirely. Rather, the goal of the review process is to gather feedback from relevant quarters and arbitration users with a view to further optimizing the legal framework…
…van het scheidsgerecht, TvA 84/6. Pieter and Jules did not hit it off and this threatened the amendment process. I got involved and worked with Jules writing the Memorandum in…
…aspects of the redaction process – particularly the emerging practice in NAFTA arbitration with respect to publication of awards and tribunal decisions. Is this going to take long? It was…
…issue of gender discrimination in arbitration. The bill would amend the Equality Act 2010 to prohibit any term of an arbitration agreement or process which discriminates on the grounds of…
…and UNCITRAL Model law, exhort Indian courts to become more arbitration-friendly and thereby less prone to intervene in the arbitral process. To this end, BALCO certainly lives up to the…
…world. This trust must be built in a way that ensures that arbitrators and arbitration institutions follow principles of due process, transparency and fairness. Only then can orders and awards…
…parties would answer if they were asked what kind of arbitration they were contemplating when they concluded the contract. Would they be more likely to characterize the process as a…
…due process objections. He blasted not only the USADA’s past conduct but also the applicable arbitration procedures and the pool of arbitrators, attempting to frame the entire arbitral process as…
…could admit amicus submissions under the general procedural discretion provided by Article 19(1). This surely is right: parties by consent generally may frame the arbitral process. But this general discretion…
…this process, the Dubai Court execution judge is strictly prohibited from performing a review on the merits. This said, there is some residual doubt as to the proper meaning of…
…London 2012, pro bono advice was available for all athletes. As such, the process is not slowed down by party delay regarding the payment of fees or advances on costs….
…arbitrators. Moreover, the process for obtaining the piecemeal information that is available often resembles a cloak-and-dagger intelligence operation from a 1950s film noir than a modern process of information collection,…
…of Art. IV(2) NYC. The Supreme Court’s decision is a welcome step forward in making the process of seeking recognition and enforcement of English language awards before the Swiss courts…
…impact on courts’ attitudes towards the arbitration process. In cases where consumer protection legislation was not at issue, the courts citing Seidel have tended to support the arbitration process, whether…
…order to refuse their enforcement. On repeated occasions, the UAE Courts even proved susceptible to formalistic procedural grounds, which are commonly invoked in the ratification process of domestic awards under…
…member of the European Union, blocked Croatia’s accession talk for several years out of a concern that the accession process could prejudge a solution to the boundary dispute between the…
…the tribunal’s own perspective, i.e. to give effect to the considerations of expediency, efficiency of the process and the accomplishment of the mission of dispute resolution. While, on the other…
…determine where fault lies (and Paris courts are well-known for doing this). If so, my colleague could propose a bespoke arbitration process in which technical issues will be decided by…
…regulation for a public purpose, which is enacted in accordance with due process and, which affects, inter alios, a foreign investor or investment is not deemed expropriatory and compensable unless…
…on the defendant regarding the appointment of the arbitrator or the arbitration procedure, or that the due process of law was violated to the detriment of the defendant’s right of…
…and the non-public nature of the process were considered most important. However, the difficulty of selecting arbitrators, as well as the lack of predictability and objectivity on the part of…
