…avoiding the significant legal fees incurred in substantive hearings by reaching early settlement is an enormous attraction to the mediation process. Moreover, a settlement reached during arbitral proceedings may be…
…whether being on the “winning” side may have colored my perception of the process: would I still be celebrating this pinnacle of procedural efficiency had we lost? The answer is…
…a complete rehearing [rather than some limited review suitable for an appellate process].” But why is the nature of a section 67 review linked to the requirements for a section…
…of oral argument, on Ukraine’s preliminary objection. The Global tribunal further observed that, in order to meet the requirements of due process, “it would seem that the tribunal is under…
…invoke an irregularity of the arbitral process in due course, is prevented from doing so at a later stage. The new law also contains some important innovations which will surely…
…in Hong Kong. After a lengthy and detailed consultation process, the Hong Kong Legislative Council has passed the new Arbitration Ordinance (Cap. 609) (‘new Arbitration Ordinance’), which is anticipated to…
…not all lost: it can be a quicker, more cost efficient process. This will depend entirely on flexibility in choosing an arbitrator and the willingness to research and learn of…
…Mediators are certified following examinations before the relevant Committee. The entire mediation process is confidential and no transcripts can be taken during the process; the mediator is free to communicate…
…enforcement process) render the award a pyrrhic victory. 2. Reactive appointments of arbitrators and counsel. International arbitration gives parties the freedom to appoint arbitrators or counsel from varied backgrounds and…
…case or B) a “victory” followed by a protracted annulment process. AES v. Hungary There is rather more to report in relation to another claim highlighted in last year’s list….
…Parliament will demand more participation in the process; and that the member states will have to accept that the days of their BITs are numbered, however generously… Irrespective of what…
…that the issue of the subpoena had been an abuse of process. ALC v ALF is a case that fell within the domestic arbitration regime and was governed by the…
…Brazil. Finally, attorney-client communications are as a rule privileged. Evidentiary rules are usually related to the principle of due process, also recognized, for instance, by the Brazilian Federal Constitution. Due…
…the “evidentiary excess” does not necessarily serve the arbitral process well. Additionally, the way parties approach evidentiary matters in arbitration can vary greatly and may result in a gross imbalance…
…the biased arbitrator from the decision-making process, and in that case, 2 against 1 equal for the party that appointed the biased arbitrator; second, if a party-appointed arbitrator consults the…
…of recognition afforded to it by the international community. Europe’s youngest state is currently undergoing the process of optimising its legal system and gaining international recognition. Kosovo’s declaration of independence…
…and reliability of counsel’s ethical obligations is central to the arbitral process. The dramatic increase over past decades in the number of international arbitrations, and the expansion of the international…
…the process of selecting and appointing arbitrators does not necessarily call for comparison with the selection of a jury, the question touched upon by this quote is equally applicable to…
…reasons for its challenge decisions. This matter is currently being discussed in the context of the ongoing revision process of the ICC rules of arbitration. Some institutions do provide reasoned…
…refusal of enforcement provided in Articles V(1)(a) to V(1)(d) of the NYC. Both contain the reasons of party incapacity, invalidity of the arbitration agreement, violation of due process (lack of…
…work at one end and “bespoke” work on the other. The commoditization of some dispute resolution work has already begun to occur via the process of “legal process outsourcing”of certain…
…in part by the process of tariff negotiations in trade rounds and in accession talks. We also know this because there is a general and consistent practice of discriminating against…
…to awards to better understand the arbitral process and to review previous decisions of potential arbitrators. These interviewees acknowledged that this “may be inconsistent with their desire for confidentiality of…
…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…
