Discounted cash flows – Part 2, valuation and the financial crisis
…care needs to be taken when constructing a DCF model to avoid nullifying its value to the arbitral process. The output of a DCF model is a single number, representing…
Search Results for: due process paranoia
Launch of P.R.I.M.E. Finance Arbitration Rules: dispute resolution in global financial markets
…any circumstances likely to give rise to justifiable doubts as to availability (as well as impartiality and independence). This provision should contribute to an efficient and speedily arbitration process. One…
Key Developments in Relation to Arbitration in Dubai
…the UNCITRAL Model Law, as amended in 2006, and are largely limited to safeguarding the procedural integrity of the process, for example, relating to violation of due process rights. In…
Ecuador Appeals Court Affirms Lago Agrio Judgment
…invalidity of the trial “for procedural fraud and violation of the guarantees of due process” it must be said that the record of the trial court reflects that the Defendants…
The unwitting victims of arbitration´s success
…And generally it is the substance, not the process, that legal disputes (including those to be settled through arbitration) concern. Therefore, if some legal markets are not demanding such a…
Anti-Arbitration: Would You Prefer a Harmonized Approach or a Just a Better One?
…of outcome in commercial disputes, and less time and expense of the resolution process. Here are some of the reasons why this is so: 1. Documents are how parties themselves…
Judge-Arbitrators in Delaware
…Chancery promulgated rules governing the process and issued a standing order setting out the applicable fees ($12,000, plus $6000 for each hearing day after the first, divided equally between the…
Arbitration Agreements, Arbitration Institutions and Rules, Arbitration Proceedings, BIT, Class arbitration, Due process, Foreign Investment Law, ICSID Convention, Investment Arbitration
Mass claims and the distinction between jurisdiction and admissibility (Part II)
…been to establish a specific process for the mass claims with the consent of the parties and that the only exception to this uniform practice is the United Nations Compensation…
The “99%” take on investment tribunals
…the Cayman Islands to Nevada as “an abuse of process designed to qualify for jurisdiction under DR-CAFTA.” Pacific Rim LLC, a subsidiary of the Vancouver-based Pacific Rim Mining Corporation, brought…
Arbitral seat, Arbitration clause, China, Enforcement, Hong Kong, Mediation, Set aside an international arbitral award, Sovereign Immunity, UNCITRAL Model Law
Hong Kong’s arbitration year in review: a Christmas blog
…the quality and continuing development of Hong Kong as an arbitral centre: modern legislation designed to minimise court intervention in the arbitral process; pro-arbitration courts which respect the autonomy of…
Reflections on the LCIA Arbitrator Challenge Digests
…objections by the challenging party “had amounted to an increasingly vexatious attempt to hinder the proceedings and/or evidenced a fundamental lack of understanding of the process,” and the arbitrator’s response…
Major Pitfalls for Foreign Investors in Russia: What Are Russian BITs Worth?
…Belgian nationals Vladimir and Moise Berschader were sole shareholders of the company Berschader International S.A. (BI) incorporated in Belgium. BI participated in the tender process for construction of new facilities…
The Rise and Rise of the Arbitration Institution
…others? As a first step, I have started to compile a list of organisations that claim to administer arbitration or claim to be a part of the arbitral process. It…
Arbitration, Arbitration Awards, Damages, Damages experts, Fair market value, International arbitration
Valuation approaches and the financial crisis. Part 1 – market methods
…Forensic accountants and other valuation professionals are frequently involved in the arbitral process to assist disputing parties and tribunals quantify economic loss as a result of a given breach or…
The LCIA Arbitrator Challenge digests: An Interview with William (Rusty) Park
…no institutional resistance, the project remained difficult because drafting the digests was such a delicate process. If one says too much, confidentiality is jeopardized. Saying too little, however, risks creating…
Controlling Time and Costs in Arbitration: A Progress Report (Part 2 of 2)
…parties and their counsel, therefore, is to recognize that they too have a responsibility of self-discipline. Arbitration is a flexible process, and like all such processes, it involves choices. The…
Controlling Time and Costs in Arbitration: A Progress Report (Part 1 of 2)
…the institutions and by other key stakeholders in the arbitral process. I begin with a few basic principles. First, there’s no denying that users of international arbitration are frustrated. Arbitration…
What do the Clients Want – International Litigation or International Arbitration?
…One of the representatives made it very clear that rarely would they choose international arbitration. Although a past preference, the process has become too long and too expensive. Trusting attorneys…
Anti-Arbitration: 10 Things To Do Before The Arbitration Gets Underway
…take over the drafting process, although sometimes they must do so. Even with minimal involvement, counsel can help avoid having letters sent MS Word file that contain meta data with…
Confidentiality in Arbitration Revisited: Protective Orders in the Philippines
…data protection laws or intellectual property regulations). There are only a few countries that expressly address the confidentiality of the arbitral process. Among those are New Zealand, Norway, Spain, Romania,…
Is Africa Finally Confronting Its Challenges On Investment Treaty Arbitration?
…process for the respondent to institute fresh proceedings in Nigeria while arbitration proceedings where pending in London, demonstrate support for arbitration by the Nigerian courts. Equally, the adoption of the…
Third Party Funding – Investment of the Future?
…on in the process. The funders are going to want to know the ins and outs of the claim – whatever is available. This means already knowing and planning the…
Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, arbitrators’ conduct, Bias, BIT, Class arbitration, Due process, Efficiency, Foreign Investment Law, Investment agreements, Investment Arbitration, Investment protection, Public Policy
Mass Claims and the distinction between jurisdiction and admissibility
…to adapt procedures to address the “mass claims” aspect of the case, the Tribunal states that adaptations must consider the principle of due process and a must seek a balance…
Arbitration, Canada, Enforcement, ICSID Convention, International arbitration, Investment Arbitration, Jurisdiction, Jurisdiction of the arbitral tribunal, NAFTA
Cargill – Another Chapter in the Legacy of Dallah
…be helpful to the process of reviewing international arbitration awards. It then went on to define its objective as determining the appropriate standard of review to apply when considering whether…