…be helpful to the process of reviewing international arbitration awards. It then went on to define its objective as determining the appropriate standard of review to apply when considering whether…
…However, this “re-politicization” of the dispute settlement process comes with all of the usual baggage. States expend precious diplomatic capital when they go to battle for investors-creditors on the foreign…
…Argentina’s interest to address the claims through its local courts: First, Argentina had during the restructuring of debts process enacted a so-called “Emergency Law” and other laws and decrees which…
…inflammatory issue facing the ICSID Convention during its multi-year drafting process. Many commentators and diplomats had long argued (often stridently) that no investment convention should protect more than a few…
…resolution process. Notable amendments include:- • methods for dealing with disputes involving multiple contracts and parties; • updated case management procedures; • obligation on an arbitrator to declare impartiality and…
…and the typical users of arbitration as well as being a transparent and objective process. Anne Véronique Schlaepfer (Schellenberg Wittmer) discussed the role of the institution at the commencement of…
…Ethics Guidelines establish that an arbitrator should withdraw from the process if she or he has insufficient knowledge of the relevant procedural or substantive issues, if she or he is…
…dispute, arbitration has a very significant process-based dimension which is largely left to the discretion of the arbitrators by most national arbitration legislations, major institutional rules and other international codes…
…insulate awards from challenge on due process grounds. One member of the CCIAG has suggested that “[t]o fix arbitration, practitioners must return the process to its original state as a…
…Court of Appeal’s decision reflects its continued commitment to the autonomous nature of the arbitral process. Facts The facts, involving the rights to stage a tennis tournament in Bangkok, are…
…incurred by the party alleging prejudice from participating in the litigation process, the use of pre-trial discovery procedures by a party seeking arbitration, and the length of delay in demanding…
…outside India, having given a purposive reading to the intent of the parties regarding the choice of law governing the arbitration agreement and the arbitration process. This is a positive…
…brought pursuant to Chapter 20 of the same agreement. Those familiar with the rather leisurely investor-state arbitration process might be surprised to discover that the CAFTA’s state-to-state process provides for…
…in the market. Another development of the ‘learning-by-doing’ process was in the field of mooting. Mooting is an age old skills learning tool. The Willem C. Vis International Arbitration Moot,…
…of process” happened in Galsworthy. A possible abuse of process could arguably be made out in the rare instance where the unsuccessful party withdraws setting aside proceedings at the very…
…other party continues to perform its obligations under an ongoing contract. These measures may be necessary to ensure that the final outcome of the dispute process is not prejudiced or…
In a post dated March 2, 2011, I reported about a Swiss Supreme Court decision of February 20, 2009 where the Supreme Court had confirmed a CAS award which deemed…
…even choice-of-law provisions that apply to the arbitral process itself do not allow for resort to them. According to the Second Circuit, for § 7502(b) to apply, the contracts would…
…process. U.S.-style class actions are by now familiar, if only by reputation, in many international quarters. Under the U.S. litigation system, a class action is a civil suit, often a…
…Mines, Inc. v. El Salvador was filed in July 2009. El Salvador raised preliminary objections pursuant to the expedited process under Article 10.20.5. After two rounds of briefing and a…
…closed-list system. It is the role of counsel to guide and advise their client through the legal process, including arbitrator appointments. In any event, this concern could be addressed by…
…speaking, arise in relation to the jurisdiction of an arbitral Tribunal. Arbitration is a consensual process derived from a private contract between the parties, and the authority of the arbitral…
…at uncovering ways in which costs might be reduced and the process streamlined to become more cost-effective and efficient. International arbitration has a justifiable reputation as the preferred method of…
…are at risk of over-correcting to the point of diminishing important functions of the arbitral process. There is little doubt that the arbitral process generally has become too much like…
