Sealing of Court Documents Relating to an Arbitration
…the arbitral process and robust respect for one of the hallmarks of arbitration. This is to be contrasted with the position in other jurisdictions, such as Australia, where the notion…
…the arbitral process and robust respect for one of the hallmarks of arbitration. This is to be contrasted with the position in other jurisdictions, such as Australia, where the notion…
…functioning of the procedural aspects of the arbitration and, therefore, at the end of the process have the power to confirm or set aside the award. In other words, under…
…of regional trade agreements generally has likely given the TPP negotiators an added incentive to complete the process. Among others in Asia, Korea, Japan and China announced in May that…
…on the issue of personal jurisdiction. GSS asserted that the “minimum contacts” test, a constitutional due process test that limits personal jurisdiction to those defendants who have enough contacts with…
…Treaties (VLCT), which the arbitral tribunal could ordinarily consider together with treaty text and context in the process of interpretation. As designed, it would appear that the joint decisions by…
After a review process that lasted three years, expectations ran high for the revised model U.S. bilateral investment treaty (“BIT”), which was released last month. Stakeholders from many parts of…
…Mexico and its state entities would ideally have financial independence and autonomy from the central government in its decision making process. Such independence and autonomy would assure the continuity of…
…does not contain the type of extreme fast-track process prescribed in certain outlier treaties like the U.S.-Ecuador BIT. However, even without such a treaty-imposed deadline, it strikes me that state-to-state…
…was the first Asian country to adopt the UNCITRAL Model Law and (3) has a judiciary that has been consistently supportive of the arbitral process. Our book also points out…
…to “assist” with the settlement of disputes through the process of mediation part-way through arbitral proceedings, if requested to do so by the parties. It is not yet clear how…
…(“the IAA”) on 8 March 2012. The proposals took into account views garnered from a public consultation process. There are four key proposals in this round of amendments summarized below….
…to enforce. The nuances of India’s legal system were taken into account and it was decided, in context, that the time taken to process the claims was not excessive. Therefore,…
…cases have highlighted the process the English court will go through when seised of a dispute regarding the proper law of an arbitration clause. Sulamérica CIA. Nacional De Seguros S.A….
…months on, the U.S. request for arbitration has not set in motion a hurried dash to the finish line. Rather than settle their differences according to the tidy process found…
…the Argentine economic crisis. Unlike the three institutions that will be discussed in the first part of the conference, which were designed after the fact, the investor-state arbitration process under…
…experienced arbitration practitioners from all over the world,” comments Professor Loukas Mistelis, Director of the School of International Arbitration at QMUL. Entitled “Current and Best Practices in the Arbitral Process,”…
…to impose some voluntary order on a process and set of relationships that heretofore have been entirely unregulated, many questions remain. It remains to be seen how the practice will…
…imagine how an institute would concentrate the arbitrator-appointment process in one individual and pay that individual. But the Chamber of Commerce and Industry of Romania (CCIR) did exactly that with…
The HKIAC has launched a consultation process to consider modifications to its Administered Arbitration Rules, which came into force on 1 September 2008 (the “Rules”). Users of the Rules have…
…as will the legal and factual issues and the people involved. Even when there’s an agreed formal process, arbitration, you have to be ready to consider negotiation or mediation as…
…this detachment from a particular legal order can also be useful by separating the arbitral proceedings from any investigation by competition authorities in particular jurisdictions. • Flexibility over the process:…
…an appeal on a point of law may be available. As Judge Hegarty noted, this limited right reflects ‘the increasing recognition accorded to the autonomy of the arbitral process’. Of…
…to greater use of ad hoc UNCITRAL arbitration, or arbitration before institutions other than ICSID, to avoid the perceived vagaries of the ICSID annulment process. Yet commentators often forget that…
…report is reported to take place on 18 April 2012 and the process can take several years to pass through the European parliament. Are those reforms appropriate? And meanwhile, are…