…Parliamentary process and related media coverage have allowed some reasoned debate and a better understanding of the pros and cons of ISDS in the 21st century. Happily, too, the Australian…
…courts, and reinforces the primacy of the arbitral process. It is submitted that the courts can go even further to discourage unmeritorious challenges to arbitration awards. One option is the…
…matter reaches court. The Commission has made various proposals to address this issue including that of raising the bar for judicial intervention at various stages of the arbitral process. The…
…either country. The ISDS process, though subject to much debate, remains very much on the table. Leon E Trakman (LLM, SJD (Harvard)) is Professor of Law and past dean of…
…as being further evidence that there was no binding agreement to arbitrate, only an agreement to attempt to resolve disputes by a process of arbitration. The second difficulty was that…
…be ready to deal with issues such as the: (i) opposing counsel pulling out a “smoking gun”; (ii) arbitral tribunal asking you to waive a due process right with the…
…support of an international arbitration? – an hour of document review by a qualified lawyer at a legal process outsourcing company in India – coffee for an arbitration hearing held…
…process and will militate against such a finding. The Commercial Court went on to apply the abuse of process standard to the facts. The Court pointed to three factors in…
…attenuated process, when you put up your hand at the outset and said this is what I wanted.” Tough talk for sure. But this toughness shows respect for parties and…
…continuing process of South American integration, and inspired and modeled after the European Union. UNASUR’s members are Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Guyana, Paraguay, Peru, Suriname, Uruguay, and Venezuela….
…enforcement of the Final Award under Pakistani law. The expert evidence presented by the parties conflicted on how long the enforcement process would take in Pakistan. One expert maintained that…
…to participate effectively in the tailor making process throughout the arbitration proceedings. The Guide was drafted by a Task Force of the ICC Commission on Arbitration & ADR (“Commission”). John…
…dispute between them shall be referred to arbitration pursuant to this Practice Direction. It will be interesting to see the outcome of the consultation process, which is open until 6…
…process; Robust initial submissions. Both the Notice and Answer-Counterclaim shall include “all of the evidence then available on which such party intends to rely”; Evidentiary hearing within 60 days of…
…the Court of Appeal noted “[t]he process is intended to promote enforcement, not to put meaningless and purposeless hurdles in the way”. This approach accords with the prevailing view amongst…
…to invest their time and resources in the process of conciliation, parties may want greater certainty that, if they do reach a settlement, enforcement will be effective and not costly.”…
…process) by providing that any such agreement shall prevail generally (Article 44.4). Consolidation and Joinder of Third Parties Like the CIETAC Rules, the FTZ Rules also allow consolidation of related…
…Latin American constitutions provide very strong guarantees of procedural and substantive due process rights which cannot be derogated by contract or statute. constitutional law on international commercial arbitration, specifically on…
…due process guarantees. Consequently, the tribunal should uphold the respondent’s Rule 41(5) objection only if the claim is obviously without legal merit and only if it this is manifestly the…
…Over the years, the number of arbitral cases has increased steadily, and local courts have assumed a more favorable attitude to the arbitration process as a whole. Given the diversity…
…will be relatively quick as opposed to the “usual” process for ratification of awards in the Dubai Courts which can sometimes be time consuming and can (although it should not)…
…very real impact on due process, and thus on the enforceability of an arbitral award under the New York Convention. In his remarks, he focused on two aspects of due…
…a cumbersome process. Perhaps the biggest hurdle stems from courts’ hesitancy to acquiesce to these thoughtful efforts. One Indiana district court judge denied a joint application to seal documents that…
…of the Constitution of the Turkish Republic. (Law No: 4446/2, O.G., 14.08.1999, No. 21786) During the amendment process of the Constitution, questions were raised as to the capacity of arbitral…
