…report is reported to take place on 18 April 2012 and the process can take several years to pass through the European parliament. Are those reforms appropriate? And meanwhile, are…
…care needs to be taken when constructing a DCF model to avoid nullifying its value to the arbitral process. The output of a DCF model is a single number, representing…
…any circumstances likely to give rise to justifiable doubts as to availability (as well as impartiality and independence). This provision should contribute to an efficient and speedily arbitration process. One…
…the UNCITRAL Model Law, as amended in 2006, and are largely limited to safeguarding the procedural integrity of the process, for example, relating to violation of due process rights. In…
…invalidity of the trial “for procedural fraud and violation of the guarantees of due process” it must be said that the record of the trial court reflects that the Defendants…
…And generally it is the substance, not the process, that legal disputes (including those to be settled through arbitration) concern. Therefore, if some legal markets are not demanding such a…
…of outcome in commercial disputes, and less time and expense of the resolution process. Here are some of the reasons why this is so: 1. Documents are how parties themselves…
…Chancery promulgated rules governing the process and issued a standing order setting out the applicable fees ($12,000, plus $6000 for each hearing day after the first, divided equally between the…
…been to establish a specific process for the mass claims with the consent of the parties and that the only exception to this uniform practice is the United Nations Compensation…
…the Cayman Islands to Nevada as “an abuse of process designed to qualify for jurisdiction under DR-CAFTA.” Pacific Rim LLC, a subsidiary of the Vancouver-based Pacific Rim Mining Corporation, brought…
…the quality and continuing development of Hong Kong as an arbitral centre: modern legislation designed to minimise court intervention in the arbitral process; pro-arbitration courts which respect the autonomy of…
…objections by the challenging party “had amounted to an increasingly vexatious attempt to hinder the proceedings and/or evidenced a fundamental lack of understanding of the process,” and the arbitrator’s response…
…Belgian nationals Vladimir and Moise Berschader were sole shareholders of the company Berschader International S.A. (BI) incorporated in Belgium. BI participated in the tender process for construction of new facilities…
…others? As a first step, I have started to compile a list of organisations that claim to administer arbitration or claim to be a part of the arbitral process. It…
…Forensic accountants and other valuation professionals are frequently involved in the arbitral process to assist disputing parties and tribunals quantify economic loss as a result of a given breach or…
…no institutional resistance, the project remained difficult because drafting the digests was such a delicate process. If one says too much, confidentiality is jeopardized. Saying too little, however, risks creating…
…parties and their counsel, therefore, is to recognize that they too have a responsibility of self-discipline. Arbitration is a flexible process, and like all such processes, it involves choices. The…
…the institutions and by other key stakeholders in the arbitral process. I begin with a few basic principles. First, there’s no denying that users of international arbitration are frustrated. Arbitration…
…One of the representatives made it very clear that rarely would they choose international arbitration. Although a past preference, the process has become too long and too expensive. Trusting attorneys…
…take over the drafting process, although sometimes they must do so. Even with minimal involvement, counsel can help avoid having letters sent MS Word file that contain meta data with…
…data protection laws or intellectual property regulations). There are only a few countries that expressly address the confidentiality of the arbitral process. Among those are New Zealand, Norway, Spain, Romania,…
…process for the respondent to institute fresh proceedings in Nigeria while arbitration proceedings where pending in London, demonstrate support for arbitration by the Nigerian courts. Equally, the adoption of the…
…on in the process. The funders are going to want to know the ins and outs of the claim – whatever is available. This means already knowing and planning the…
…to adapt procedures to address the “mass claims” aspect of the case, the Tribunal states that adaptations must consider the principle of due process and a must seek a balance…
