…many users of international arbitration, particularly those based outside of the United States whose legal systems view class procedures as incompatible with due process requirements. Thanks to the Stolt-Nielsen decision,…
…arbitration. Below, in summary, are some features of ADCCAC’s approach, certain of which are quite distinctive. First, like all ADR provisions, the jurisdiction of ADCCAC’s conciliation process starts with either…
…such interventions like to stress how third-party interventions may lead to better tribunal decision-making, and provide for greater legitimacy to the arbitral process. Critics complain that the interventions can increase…
…requirement that they be used as the form of contract by all government departments in the Emirate of Abu Dhabi. The centrepiece of the ADR process in that new form…
…process – even if the remedies open to it are necessarily different from those that might be available to a domestic court of law in an ICSID Member State. The…
…can be a far more complex process than in, say, the USA or UK or Europe. First, what needs to be understood is that the list of criticism and “adverse”…
…the process for selecting arbitrators. Therefore, Underwriters filed a motion in the district court to lift the stay of the proceedings in order to join LSAT as a party to…
…there should continue to be debate about whether English law strikes the best balance between acceptable judicial oversight of the international arbitral process (so as to ensure it is not…
…have an arbitration law. It does have, in the UAE’s Civil Procedure Law (1992), Articles 203 to 218 which specifically address arbitration, aspects of it’s the process and the enforcing…
…award because the arbitration process did not conform to the parties’ agreement. However, much depends on the wording of the dispute resolution provisions and the specific facts of the case….
…rendered.” The Court nonetheless denied Ecuador’s motion to stay the BIT arbitration and allowed the question of due process violations to go forward to arbitration: The petition contains … specific…
…Article V NYC are found in EU law – I only mention the following examples: cartel law; company law; consumer protection law; further the principles of due process of law…
…interventions during the 2008 global financial crisis to lead similarly to investor claims. The United States bailed out Fannie Mae and Freddie Mac, in the process acquiring the right to…
…any other judicial process” before, during, and after the assets are held by the U.S. Department of Treasury for distribution to the American victims. In other words, when Treasury cuts…
…doubt still speculative. There may be a case for different approaches to the pre-contractual expenditure issue between cases of tendering process and the investor as a sole negotiator for the…
…benefit of due process, has an intrinsic authority which should be acknowledged and recognised as such by the reviewing judge. There is nothing revolutionary there, as this is exactly the…
…East Peace Process (UNSCO) on 29 December 2008; (9) Damage done to the World Food Programme (WFP) Karni Warehouse between 27 December 2008 and 19 January 2009.” The Board of…
…Similarly, I argue that abuse of process and egregious forms of investor misconduct can be the basis for denying the admissibility of a claim. Although the tribunal has jurisdiction, the…
…of the making of an investment, during its operation, or in the investment treaty claim making process. How should a tribunal address investor misconduct if it is proven? When does…
…Davés successfully received notice of their entitlement to millions under the FCSC process, Crowell & Moring issued a demand letter to the Davés contending that under the retainer agreement and…
…agro-chemical, lindane, is at issue in the Chemtura arbitration, with a US chemical company contending that Canadian regulators denied them due process. The award is sure to be closely watched…
…actions to recognize and enforce New York Convention awards. U.S. courts have interpreted the Due Process Clause of the U.S. Constitution, which provides that no person shall be deprived of…
…Methanex tribunal operationalized the principle by declaring that non-discriminatory regulations enacted for public purposes in accordance with due process fall outside the scope of expropriation. Most recently, in 2009, the…
…changes, including the greater use of exceptions clauses, and more circumscribed investor protection clauses. In procedural terms, it was noted that the investor-state arbitration process should be more transparent, subject…
