The Pyramid Enforcement Scheme
…However, this “re-politicization” of the dispute settlement process comes with all of the usual baggage. States expend precious diplomatic capital when they go to battle for investors-creditors on the foreign…
Search Results for: due process paranoia
Weighing the interests of host-state and investor — a further blow to domestic litigation provisions in BITs?
…Argentina’s interest to address the claims through its local courts: First, Argentina had during the restructuring of debts process enacted a so-called “Emergency Law” and other laws and decrees which…
The Domain of Investment Law: Drafting the Convention (Part 1)
…inflammatory issue facing the ICSID Convention during its multi-year drafting process. Many commentators and diplomats had long argued (often stridently) that no investment convention should protect more than a few…
Arbitration Proceedings, Disclosure, Expedited arbitration, ICC Arbitration, International arbitration, Multiple parties
Briefing note on ICC Rule changes
…resolution process. Notable amendments include:- • methods for dealing with disputes involving multiple contracts and parties; • updated case management procedures; • obligation on an arbitrator to declare impartiality and…
Appointment of arbitrators, Arbitration Institutions and Rules, Arbitrators, Costs in arbitral proceedings
Arbitral Institutions under Scrutiny
…and the typical users of arbitration as well as being a transparent and objective process. Anne Véronique Schlaepfer (Schellenberg Wittmer) discussed the role of the institution at the commencement of…
Arbitrations in the Freezer — Are Arbitrators expected to wait just like Penelope?
…Ethics Guidelines establish that an arbitrator should withdraw from the process if she or he has insufficient knowledge of the relevant procedural or substantive issues, if she or he is…
Appointment of arbitrators, Arbitration, Arbitration Act, Arbitration Agreements, Arbitration clause, Arbitration Institutions and Rules, Arbitrators, arbitrators’ conduct, Dispute Resolution, Dispute resolution clause, English Law, ICC Arbitration, International arbitration, Ismaili community, Nationality requirement in arbitration clauses, Pro arbitration, Supreme Court
Jivraj v Hashwani: A Pro-Choice, Corrective Ruling from the Supreme Court
…dispute, arbitration has a very significant process-based dimension which is largely left to the discretion of the arbitrators by most national arbitration legislations, major institutional rules and other international codes…
Annulment, Arbitration Institutions and Rules, Arbitrators, arbitrators’ conduct, Commercial Arbitration, Costs in arbitral proceedings, Due process, International arbitration
The New ICC Rules: Continuing Evolution of Case Management Powers to Control Costs and Delays in International Arbitration
…insulate awards from challenge on due process grounds. One member of the CCIAG has suggested that “[t]o fix arbitration, practitioners must return the process to its original state as a…
Singapore Court of Appeal re-affirms commitment to minimal intervention of arbitral awards at the intersection of illegality and public policy
…Court of Appeal’s decision reflects its continued commitment to the autonomous nature of the arbitral process. Facts The facts, involving the rights to stage a tennis tournament in Bangkok, are…
Implied Waiver Of the Right to Arbitrate
…incurred by the party alleging prejudice from participating in the litigation process, the use of pre-trial discovery procedures by a party seeking arbitration, and the length of delay in demanding…
India’s Changing Outlook on International Arbitration
…outside India, having given a purposive reading to the intent of the parties regarding the choice of law governing the arbitration agreement and the arbitration process. This is a positive…
CAFTA Labour Arbitration Should Play Out on Fast Track
…brought pursuant to Chapter 20 of the same agreement. Those familiar with the rather leisurely investor-state arbitration process might be surprised to discover that the CAFTA’s state-to-state process provides for…
Legal Education in the 21st Century
…in the market. Another development of the ‘learning-by-doing’ process was in the field of mooting. Mooting is an age old skills learning tool. The Willem C. Vis International Arbitration Moot,…
Arbitration, Arbitration Awards, Asia-Pacific, Enforcement, New York Convention, Set aside an arbitral award
Options Available To An Unsuccessful Party In An Arbitration
…of process” happened in Galsworthy. A possible abuse of process could arguably be made out in the rare instance where the unsuccessful party withdraws setting aside proceedings at the very…
Emergency Arbitrators under the ACICA
…other party continues to perform its obligations under an ongoing contract. These measures may be necessary to ensure that the final outcome of the dispute process is not prejudiced or…
Sports Arbitration and Due Process: The Sequel
In a post dated March 2, 2011, I reported about a Swiss Supreme Court decision of February 20, 2009 where the Supreme Court had confirmed a CAS award which deemed…
U.S. Court of Appeals Illustrates Obsolescence of Law that Allows Court to Consider Timeliness Challenge to Arbitrable Claim
…even choice-of-law provisions that apply to the arbitral process itself do not allow for resort to them. According to the Second Circuit, for § 7502(b) to apply, the contracts would…
The U.S. Supreme Court and Class Arbitration: A Tragedy of Errors
…process. U.S.-style class actions are by now familiar, if only by reputation, in many international quarters. Under the U.S. litigation system, a class action is a civil suit, often a…
Non-Disputing State Party Participation in Investor-State Arbitration under CAFTA-DR
…Mines, Inc. v. El Salvador was filed in July 2009. El Salvador raised preliminary objections pursuant to the expedited process under Article 10.20.5. After two rounds of briefing and a…
Annulment, Appointment of arbitrators, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, arbitrators’ conduct, Bias, International arbitration
The Move Away from Closed-List Arbitrator Appointments: Happy Ending or a Trend to Be Reversed?
…closed-list system. It is the role of counsel to guide and advise their client through the legal process, including arbitrator appointments. In any event, this concern could be addressed by…
Arbitral seat, Crown Immunity, Dispute resolution clause, Jurisdiction, Jurisdiction of the arbitral tribunal, Seat of the arbitration, Sovereign Immunity
Arbitration in Hong Kong: Immune from immunity?
…speaking, arise in relation to the jurisdiction of an arbitral Tribunal. Arbitration is a consensual process derived from a private contract between the parties, and the authority of the arbitral…
CIArb Survey on Costs
…at uncovering ways in which costs might be reduced and the process streamlined to become more cost-effective and efficient. International arbitration has a justifiable reputation as the preferred method of…
A Few Words On The Tension Between Efficiency And Justice
…are at risk of over-correcting to the point of diminishing important functions of the arbitral process. There is little doubt that the arbitral process generally has become too much like…
Anti-arbitration, Arbitration, Arbitration Awards, Arbitration Proceedings, Arbitrators, Commercial Arbitration
Anti-Arbitration: The Train Has Left the Station
…2011 by José Astigarraga. While accepting in principle that “the arbitral process generally has become too much like litigation, and needs to be more efficient and less costly,” he argues…