…appointment procedure which had been standard practice at the time and rejected the challenge. The Cour de Cassation by contrast considered the appointment process to be contrary to public policy…
…transnational process, and the purpose and objectives of the NYC. A year later, in Miami, the proposal was debated once again: ‘it works, yes, but always?’[fn]. See note 2 supra….
…degree of control by the institution. Other institutions, like the LCIA, offer the kind of entirely neutral process in the constitution of the arbitral tribunal that Jan Paulsson advocates. Some,…
…monopoly at the top end of the domestic process. This is unlikely to change any time soon, not least because the legal community is (for the most part) understandably comfortable…
…1997), that “it would be of advantage to the orderly unfolding of the arbitral process if during the proceedings they were both to limit public discussion of the case to…
…on a basis acceptable to both sides without requiring the investor to go through all the hoops of a full arbitration process. Sometimes it is easier for governments to avoid…
…the requirement would render the arbitral process fundamentally different from that originally contemplated by the parties. Although the case concerned the relatively narrow issue of religious discrimination, it has wider…
…at *5. It noted that Caratube proposed, and Kazakhstan and the Tribunal agreed, that the arbitration’s discovery process should be guided by the International Bar Association Rules on the Taking…
…very much a hybrid process, an international system of justice in which private adjudicators and the courts are partners rather than competitors” [in his paper presented to the ADR Institute…
…place is the introduction of electronic document systems into the arbitrazh courts, whereby it is possible to file court documents through electronic means. This system is in the process of…
…or may still be in the process of fixing – few would question that ICSID is the leading institution for investor-state disputes. Many have asked why Canada has not yet…
…common law elements, foreign players can better understand how the process may work. Specifically, the Model Law standardizes what constitutes an arbitration agreement. It ensures existence of the compentence-compentence principle,…
…party had asserted this interpretation provision in the arbitral proceedings, and the arbitral tribunal had therefore breached due process requirements in applying it without hearing the parties’ arguments in this…
…their nature involve a more transparent and political process than international commercial arbitration, and the problems and solutions are, in part, different in each. Second, there is plenty of blame…
…The novel is not rich in external action and reflections on the arbitral process and much else remain confined to the drawing-room. Settembrini and Naphta do not shirk difficult subjects….
…process in the Regulation to its absolute exclusion. It is interesting that the Committee on Legal Affairs of the European Parliament has opted for the latter extreme in its Report…
This year’s ICCA Congress in Rio de Janeiro not only confirmed that nobody knows to party better than cariocas, but also served as an impressive reminder of the increasing pro-arbitration…
…a growing understanding of the limits and duties of every actor in the dispute resolution process through arbitration, including courts. A decision such as this ensures international observers that it…
…limitations imposed by the federal due process clause on choice-of-law decisions of state courts – although the existence and contents of such limits is a highly disputed topic. One might…
…least six months beyond the target completion date of late fall 2009; the process was reported to be in the “final stages” more than tree months ago. (See Amy Tusi,…
…bar gold mining out of an abundance of environmental caution. Ultimately, the protesters got to howl at Crowell, and the arbitration process seemed to emerge none the worse for wear….
…process “diligently, efficiently and in accordance with the time limits in the Rules”. While the ICC’s measures to increase transparency about arbitrator availability are certainly welcomed and commendable, they are…
…a fundamental element of the arbitral process, ensuring that arbitrators adhere to the standards of impartiality and independence, essential to the legitimacy of arbitration. Currently, few institutions publish reasons for…
…process was manipulated by the plaintiffs’ counsel working in concert with the government…. Outtakes are an extraordinary record in which the plaintiffs’ counsel and their clients participated.” The Court held…
