…Practitioners have generally welcomed this inclusion, seeing it as a way of facilitating the whole arbitral process, from the negotiation of the arbitration agreement to the enforcement of an arbitral…
…held in private, and information disclosed and decisions made during the arbitral process are generally confidential. To allow a customer to disclose his/her losses or to broadcast the details of…
An often cited advantage of arbitration, as opposed to litigation, is the finality of the process. The grounds for time-consuming and costly challenges and appeals are limited. Under the English…
…which clearly indicates that the parties’ representatives need not to be legally trained or qualified. In the 2014 revision process, the wording ‘legal practitioners or any other representatives’ was replaced…
…process of negotiating a transaction which lasts for some time. In this case the court noted that there had been numerous drafts exchanged and the main commercial points (in particular…
…surveys we have canvassed views about concerns and disadvantages of the arbitral process but on this occasion we want to explore what works and can work better in arbitration.” This…
…where one party is unrepresented, the equality of arms may be affected since the unrepresented party may not understand the procedural aspects of the arbitration process, putting the party in…
…be contrary to the ordre public of each member state, if arbitral awards were recognized or enforced, without an arbitral tribunal being able to address the CJEU in the process….
…that the party who files the EAP demonstrates the violations of due process or other recognised constitutional rights. Against this backdrop, the EAP was seen as a new mechanism to…
…man before ICSID proceedings. The ICSID regime also appeals greatly to an investor due to the slick recovery process which is provided by it. It has been agreed by the…
…a half decades like no other issue apart from the fall of the Berlin Wall and German reunification. The Green movement, which initiated and later mainstreamed a process of fundamental…
…Law of Public Works includes dispute boards as an obligatory step for public contracts above a certain threshold. 3. Case-law Lastly, world-wide case-law is in process of establishing dispute board…
…as they deem fit. In fact, only a few provisions in the New Act, all relating to due process, are of a mandatory nature. 2. Highlights of the New Dutch…
…a process to be something other than arbitration? What aspects, when added to a dispute resolution process, make that process something other than arbitration? These are questions that are important…
…by ensuring an arbitral process with jurisdictional and legal certainty through exclusion of any judicial review and minimal court intervention. Most recently, in 2012 the Kingdom of Saudi Arabia adopted…
…to which the process is, or is to be, carried on (“the procedural agreement”) must contemplate that the tribunal which carries on the process will make a decision which is…
…entire litigation process was conducted on a massive scale. The arbitration lasted over 10 years. The document production was massive: Russia produced over 50,000 pages of documents, 500-page memorials on…
…the fact that the DFB rules provided for a review process within its own framework of sports arbitration, namely its own Verbandsgerichte, arbitral bodies within the DFB organization. Here, the…
…process. It does not take into account the merits of that decision or what the public policy should be. ITA tribunals should, like domestic judges, take care not to overstep…
…and efficiency of arbitration. 5. Pre-hearing process management. One of the most important developments in commercial arbitration is the increased emphasis on pre-hearing process, particularly information exchange (or, in U.S….
…process in order to recover the pending amount would start. Once the local enforcement order is rendered, the phase of execution begins and the collection of money from the Country…
…Marshall is to allow fresh evidence to be adduced in a case on which judgment has already been delivered. It is thus directly linked to the appellate process. By applying…
…allows for recourse to supplementary means of interpretation, including the preparatory work of the treaty and the circumstances of its conclusion, to confirm the meaning reached through the process of…
…of additional rules such as the IBA Rules on the Taking of Evidence in International Arbitration to govern the procedure. This process reflects the fact that arbitration is a ‘creature…
