Search Results for: due process paranoia

Appointment of arbitrators, Arbitral Tribunal, Arbitration, Arbitration Agreements, Arbitration Awards, Arbitration clause, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Consumer contracts, Costs in arbitral proceedings, Discovery, Dispute Resolution, Dispute resolution clause, Efficiency, International arbitration, Mediation, Pre-arbitration Dispute Settlement Procedures, Uncategorized

(Pepperdine University School of Law)/ /1 Comment
Institute for Transnational Arbitration (ITA)

…or durable results. These data may mirror anecdotal evidence that mediation is often subject to manipulation by attorneys seeking to prolong or frustrate the dispute resolution process or “spin” mediators….

BIT, ICSID Convention, International Law, Investment, Investment agreements, Investment Arbitration, Investment protection, Jurisdiction, Treaty Shopping

(International Moot Court Competition Association (IMCCA))/ /1 Comment

…basis of abuse of process if the Claimant had changed its nationality during that continuous practice knowing of an actual or specific future dispute, thus manipulating the process under CAFTA…

Arbitration Agreements, Arbitration Proceedings, Middle East, New York Convention, United Arab Emirates

(Blanke Arbitration LLC)/ /Leave a comment

…on abuse of process grounds) …” (see para. 101 of the ruling; bold in the original) On this basis, Justice Williams concluded that “[i]t is clear that the DIFC Court’s…

Appointment of arbitrators, Arbitration Agreements, Arbitration Institutions and Rules, Asia-Pacific, Enforcement, Hong Kong, ICC Arbitration, Joinder, Set aside an arbitral award, Singapore International Arbitration Centre

(Norton Rose LLP)/ /Leave a comment

…mere postbox and appointing authority. Institutions now want the power to shape the arbitral process. An expression of this theme is the inclusion of provisions which empower arbitral institutions to…

Arbitration, Arbitration Agreements, Asia-Pacific, Dispute resolution clause, Enforcement of an arbitration clause, LCIA Arbitration, Singapore International Arbitration Centre

(Norton Rose Fulbright)/ /Leave a comment
YSIAC

…After summarising the applicable principles of law, Hildyard J held that the clause at hand was too equivocal in terms of the process required and too nebulous in terms of…

Arbitral Tribunal, Arbitration, Arbitration Awards, Arbitration Proceedings, Arbitrator Challenges, Arbitrators, arbitrators’ conduct, Confidentiality, Conflicts of interest, Costs, Costs in arbitral proceedings, Damages, Disclosure, Dispute Resolution, Enforcement, Investment

(University of Portsmouth)/ /1 Comment
Institute for Transnational Arbitration (ITA)

…arbitration financing to more complicated issues such as ethical issues of third-party funding (TPF), due diligence and decision making process in investing in claims by third parties, conflict of interests…

Arbitration, Arbitration Awards, Arbitration clause, Arbitration Institutions and Rules, Arbitration Proceedings, Commercial Arbitration, Corporate Counsel's view, Domestic law, English Law, Expedited arbitration, ICC Arbitration, ICSID Convention, International arbitration, Investment Arbitration, LCIA Arbitration, New York Convention

(Conway & Partners)/ /Leave a comment

…ICSID framework operates independently, however, it is not subject to a review under the terms of the New York Convention. Could and should such a process be extended to international…

Appointment of arbitrators, Efficiency, International arbitration, Suggestions to improve transparency and access to usable data

(Bocconi University)/ /9 Comments
Arbitrator Intelligence

…outdated and unduly expensive in an era of information and technological efficiency. The process for selecting arbitrators, I argued, should be more transparent and key information about arbitrators should be…

Arbitration Proceedings, Interim Orders

(Herbert Smith Freehills LLP)/ /Leave a comment
Herbert Smith Freehills

…approach towards interim orders in arbitration proceedings. The courts also identified the likely negative effect on party autonomy and the efficiency of the arbitral process if it were possible to…