The Miami Draft: the Good Twin of the NYC*
…viewed as unrealistic, and the point was made that the key may not be the text, but judicial comprehension of the transnational process, and the purpose and objectives of the…
Search Results for: due process paranoia
Are unilateral appointments defensible? On Jan Paulsson’s Moral Hazard in International Arbitration
…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,…
Quiet Evolution
…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…
Status of the Work of UNCITRAL’s Working Group II
…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…
Is the System Working: What Lessons Can Be Learned From A Canadian Trilogy Of Investor Claims (AbitibiBowater, Chemtura, First Quantum Minerals)?
…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…
Arbitration clause, Arbitrators, English Law, Nationality requirement in arbitration clauses, Seat of the arbitration
Impartial: Yes. Neutral: Maybe Not
…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…
In re Caratube: Section 1782 Under the Arbitral Tribunal’s Control
…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…
To Specialize or Not: How Should National Courts Handle International Commercial Arbitration Cases?
…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…
Are Russian Commercial Courts Becoming More Cooperative (and Predictable) in Aid of Foreign Arbitration and Litigation?
…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…
Why has Canada Not Ratified the ICSID Convention?
…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…
Effective July 1, 2010, Florida’s Arbitration Act Now Incorporates the UNCITRAL Model Law on International Commercial Arbitration
…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,…
Arbitrators on the Witness Stand! Comparative Approaches
…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…
More on Corporate Criticism of International Arbitration
…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…
A View from the Mountain Top: A Challenge to International Arbitral Practice in Thomas Mann’s Magic Mountain
…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….
European Parliament Committee Expresses Views on Arbitration and Court Jurisdiction
…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…
Why São Paulo’s Yellow Subway Line Poses No Serious Threat
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…
Brazilian Courts and Arbitration: Injunction in Review
…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…
Arbitration Proceedings, Commercial Arbitration, Enforcement of an arbitration clause, National Arbitration Laws, United States
Oklahoma’s “Save Our State Amendment” and Related Legislative Developments in the United States
…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…
Will U.S. Lack of Consensus on Investment Protection Slow the TPP Negotiations?
…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,…
Critics Howl at Crowell, but PacRim v. El Salvador Hearings Run Smoothly
…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….
Availability of Arbitrators: What About the Other Objective Data?
…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…
Institutions Need to Publish Arbitrator Challenge Decisions
…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…
Chevron’s Discovery of Crude Outtakes
…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…
US Supreme Court Rejects Non-Consensual Class Arbitration
…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,…