…to fully understand the standard to which their claims are subjected has the potential and has in fact undermined the integrity and fairness of the arbitration process. The panelists focused…
…by an order issued by the arbitral tribunal terminating its mandate caused by the failure of the Claimant to participate in the arbitral process and the non-payment of fees. The…
…reasons of legal efficiency, the integrity of the process and certainty could influence an ICSID arbitral tribunal to conclude that it does not have the power to re-open earlier decisions….
…is in the process of discussing the draft law. Conclusion There seems to be general consensus that bankruptcy should in principle not prevent pending arbitrations from moving forward. The clarification…
…expropriate subject to the observance of specific requirements such as public purpose, non-discrimination, accordance with due process of law and payment of ‘adequate, effective and prompt’ compensation. Consequently, expropriation carried…
…the State’s consent to enter into an arbitration agreement.” The Court, however, was not swayed by this argument, concluding that the term consent would not alter their decision-making process. Justice…
…judge who incorrectly applies domestic law provisions to the foreign enforcement process. Taking a recent example, a decision from Qatar’s Court of Cassation, in September 2013, betrayed the judge’s misunderstanding…
…arbitration proceeding is considered progress with respect to the efficiency of the arbitration process. Consolidation is a procedural mechanism allowing for two or more claims to be united into one…
…This decision sheds in interesting light on a related issue, that of due process. Of course, due process relates to the access to courts, but it remains an important issue…
…reference to London; and (2) an “absurd” situation would arise because “the Indian Arbitration Act, 1996 would apply to the process of appointment under Section 11; English Arbitration Act, 1996…
…treatise, in three volumes, providing the most complete and up-to-date available commentary and analysis on all aspects of the international commercial arbitration process. We will talk about his work as…
…seek to cut costs and are keen to render the arbitral process more efficient. However, is an across-the-board effort really being made? Or are some practitioners sticking their heads in…
…to ensure a streamlined process, it would be advisable to include discovery waivers. Alternatively, parties could limit to the arbitral tribunal the right to seek discovery under § 1782. This…
…adopted in Hong Kong and Singapore. And the courts in both jurisdiction hand down (at the highest levels) judgments that understand and support the arbitral process whilst retaining and balancing…
…above, if BG Group had instead been an ICSID-administered arbitration, the process for challenging the award would have been far more streamlined: the losing investor would have had only one…
…override any applicable national law or arbitral rules chosen by the parties’ (Guidelines). Moreover, they are ‘a beginning, rather than an end, of the process’ (idem). The Guidelines surely represent…
…it sees fit, until the outcome, or partial or interim outcome, or any other pending proceedings (whether court, arbitration or supra-national proceedings), or any active dispute settlement process, may grant…
…days would have caused only minimal additional corrosion and that S&WB’s failure to mitigate damages after Katrina and the normal aging process of steel submerged in sewage for 40 years…
…when the arbitration process has already commenced – by conducting a procedure in the most appropriate way and by rendering an enforceable award. Law firms have also their own best…
…action given the anticipated duration of the arbitration proceedings and the mandatory ratification process before the UAE Courts following issuance of the award. A claimant should be aware, however, that…
…plant to process. In 2006, the Public Prosecutor’s Office for the Tashkent Region initiated criminal proceedings on the ground that officials of the joint venture had abused their authority and…
…enquiry under Section 68 of the Arbitration Act 1996 (“the Act”) is to ascertain whether due process has been observed in the making of an Award. It is not designed…
…throughout the dispute settlement process itself. Heightened tensions with local communities bring with them accompanying reputational and commercial risk, while increasing the likelihood of NGO involvement in the arbitral process….
…placed by the Hong Kong courts on the finality of the arbitral process. On 9 May 2012, the Hong Kong Court of Appeal unanimously overturned the first instance decision in…
