Is the Arbitration Climate Becoming Tougher
…and the non-public nature of the process were considered most important. However, the difficulty of selecting arbitrators, as well as the lack of predictability and objectivity on the part of…
Search Results for: due process paranoia
Sealing of Court Documents Relating to an Arbitration
…the arbitral process and robust respect for one of the hallmarks of arbitration. This is to be contrasted with the position in other jurisdictions, such as Australia, where the notion…
Enforcement, France, New York Convention, Russia, Seat of the arbitration, Set aside an international arbitral award
Enforcement of Arbitral Awards that have been Set Aside at the Seat: The Consistently Inconsistent Approach across Europe
…functioning of the procedural aspects of the arbitration and, therefore, at the end of the process have the power to confirm or set aside the award. In other words, under…
Trans-Pacific Partnership Negotiations: Progress, but no End in Sight
…of regional trade agreements generally has likely given the TPP negotiators an added incentive to complete the process. Among others in Asia, Korea, Japan and China announced in May that…
Between a sovereign and a hard place: enforcing arbitral awards against “independent” state entities in the U.S. courts
…on the issue of personal jurisdiction. GSS asserted that the “minimum contacts” test, a constitutional due process test that limits personal jurisdiction to those defendants who have enough contacts with…
ASEAN, BIT, Investment agreements, Investment Arbitration, NAFTA, Vienna Convention on the Law of Treaties
Joint Decisions by State Parties: Fair Control of Tribunal Interpretations?
…Treaties (VLCT), which the arbitral tribunal could ordinarily consider together with treaty text and context in the process of interpretation. As designed, it would appear that the joint decisions by…
The New 2012 U.S. Model BIT: Staying the Course
After a review process that lasted three years, expectations ran high for the revised model U.S. bilateral investment treaty (“BIT”), which was released last month. Stakeholders from many parts of…
Time For A Mexican “Procuración” To Litigate Its Arbitrations?
…Mexico and its state entities would ideally have financial independence and autonomy from the central government in its decision making process. Such independence and autonomy would assure the continuity of…
What if Spain sued Argentina on behalf of Repsol?
…does not contain the type of extreme fast-track process prescribed in certain outlier treaties like the U.S.-Ecuador BIT. However, even without such a treaty-imposed deadline, it strikes me that state-to-state…
Bae, Kim & Lee publishes Arbitration Law of Korea: Practice and Procedure (Juris 2012)
…was the first Asian country to adopt the UNCITRAL Model Law and (3) has a judiciary that has been consistently supportive of the arbitral process. Our book also points out…
Appointment of arbitrators, Arbitral seat, Arbitration Institutions and Rules, Arbitrators, Efficiency, International arbitration, Mediation, Seat of the arbitration
Key changes to the CIETAC Arbitration Rules
…to “assist” with the settlement of disputes through the process of mediation part-way through arbitral proceedings, if requested to do so by the parties. It is not yet clear how…
Singapore’s International Arbitration Act 2012 vs Hong Kong’s Arbitration Ordinance 2011
…(“the IAA”) on 8 March 2012. The proposals took into account views garnered from a public consultation process. There are four key proposals in this round of amendments summarized below….
Does Investment Arbitration Now Provide a Second Bite at the Cherry?
…to enforce. The nuances of India’s legal system were taken into account and it was decided, in context, that the time taken to process the claims was not excessive. Therefore,…
Hold on to your seats! A settled test for the proper law of arbitration clauses?
…cases have highlighted the process the English court will go through when seised of a dispute regarding the proper law of an arbitration clause. Sulamérica CIA. Nacional De Seguros S.A….
Fast-track arbitrations can be slow to get rolling
…months on, the U.S. request for arbitration has not set in motion a hurried dash to the finish line. Rather than settle their differences according to the tidy process found…
Arbitration, Arbitration Institutions and Rules, BIT, Class arbitration, International arbitration, Investment agreements, Investment Arbitration, Investment protection
Arbitration in Times of Crisis
…the Argentine economic crisis. Unlike the three institutions that will be discussed in the first part of the conference, which were designed after the fact, the investor-state arbitration process under…
Arbitration Agreements, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Domestic Courts, International arbitration, Other Issues, Suggestions to improve transparency and access to usable data, Transparency in investment arbitrations
2012 Queen Mary / White & Case International Arbitration Survey Launched
…experienced arbitration practitioners from all over the world,” comments Professor Loukas Mistelis, Director of the School of International Arbitration at QMUL. Entitled “Current and Best Practices in the Arbitral Process,”…
Third-Party Funding in Arbitration: Innovations and Limits in Self-Regulation (Part 2 of 2)
…to impose some voluntary order on a process and set of relationships that heretofore have been entirely unregulated, many questions remain. It remains to be seen how the practice will…
Party-appointed Arbitrators: the Lesser of Two Evils?
…imagine how an institute would concentrate the arbitrator-appointment process in one individual and pay that individual. But the Chamber of Commerce and Industry of Romania (CCIR) did exactly that with…
HKIAC Administered Arbitration: New Rules for the New Lunar Year
The HKIAC has launched a consultation process to consider modifications to its Administered Arbitration Rules, which came into force on 1 September 2008 (the “Rules”). Users of the Rules have…
Anti-Arbitration: Get a job, kid!
…as will the legal and factual issues and the people involved. Even when there’s an agreed formal process, arbitration, you have to be ready to consider negotiation or mediation as…
Arbitrating Competition Law Disputes: a matter of policy?
…this detachment from a particular legal order can also be useful by separating the arbitral proceedings from any investigation by competition authorities in particular jurisdictions. • Flexibility over the process:…
Appeals on a Point of Law in the English Courts: Further Restrictions
…an appeal on a point of law may be available. As Judge Hegarty noted, this limited right reflects ‘the increasing recognition accorded to the autonomy of the arbitral process’. Of…
Annulment, Anti-arbitration, Appeal, Arbitration, Arbitration Agreements, Arbitration clause, Arbitration Proceedings, BIT, Foreign Investment Law, ICSID Convention, International arbitration, Investment Arbitration, Jurisdiction of the arbitral tribunal, kompetenz-kompetenz, New York Convention, Pre-arbitration Dispute Settlement Procedures, Principle of finality, Set aside an international arbitral award
The Unavoidability of Uncertainty: One Lesson from the Recent U.S. Court Ruling in Argentina v. BG Group
…to greater use of ad hoc UNCITRAL arbitration, or arbitration before institutions other than ICSID, to avoid the perceived vagaries of the ICSID annulment process. Yet commentators often forget that…