Author: Emilia Onyema** Published: October 2003 Jurisdiction: International Topics: Commercial Disputes Dispute Resolution and Litigation ADR Mediation Parties New York Convention Description: There has been a lot of debate and...
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...mandatory on the parties. Even though the judgment required only actual compliance, the court observed that even if only “substantial compliance” is required, parties would be motivated to comply. The...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...percent invested in single-case financing. Burford clinches portfolio funding deal with UK firm, Burford (Aug. 2, 2017), https://www.burfordcapital.com/media-room/media-room-container/burford-clinches-portfolio-funding-deal-with-uk-firm/. [20] Task Force Report, supra note 11, at 38. [21] Christopher P...
Arbitration Finance in the Aftermath of a Pandemic: Third-Party Funding ...
...Ministry of Just., Mar. 3, 2020), http://www.moj.gov.cn/government_public/content/2020-03/03/tzwj_3243112.html. [7] Vincent Chow, China Pushes for Increase in Online Dispute Resolution as It Reboots Economy.” Law.Com Int’l (Mar. 19, 2020, 7:42 PM), https://www.law.com/international-edition/2020/03/19/china-pushes-for-increase-in-online-dispute-resolution-as-it-reboots-economy/....
Key Considerations in Drafting Dispute Resolution Clause in the COVID ...
...and to be reimbursed for the value of his shares, pursuant to Article 45.” [5] Segmentos de listagem, https://www.b3.com.br/pt_br/produtos-e-servicos/solucoes-para-emissores/segmentos-de-listagem/sobre-segmentos-de-listagem/ (last visited Nov. 20, 2021). [6] Perguntas frequentes, https://www.camaradomercado.com.br/pt-br/faq.html (last visited...
Overview of Securities Arbitration in Brazil: Challenges and Developments
...proceedings can become excessively complex on some occasions, stating that mediation, conciliation, and additional ADR mechanisms may have advantages in helping parties identify middle grounds thanks to their procedural flexibility...
ARIA Report: “Arbitration in Two Worlds: U.S. and Brazilian Perspectives ...
...stages. Moreover, while the composition of the tribunal is crucial before commencing the proceedings, it loses importance after the commencement of proceedings and the appointment of an arbitrator. The revealed...
Negotiating Funding Arrangements: Trick or Treat
...a Bulgarian qualified lawyer trained in civil law and common law jurisdictions. She specialises in investor-state arbitration, complex commercial disputes and public international law and is a Dispute Resolution Fellow...
Which Law Applies When Determining Whether a Non-Signatory is Bound ...
...for costs. In RSM v. Saint Lucia, the tribunal ordered claimant to post security for costs based mainly on claimant’s history of failing to comply with awards on costs.[11] Though...
Restating the Exceptional Circumstances that Warrant an Order for Security ...
...White & Case, (2022) http://www.arbitration.qmul.ac.uk/media/arbitration/docs/2021-International-Arbitration-Survey-Adapting-arbitration-to-a-changing-world.pdf. [2] Marlon Meza-Salas, Confidentiality in International Commercial Arbitration: Truth or Fiction?, Kluwer Arb. Blog (Sept. 23, 2018), http://arbitrationblog.kluwerarbitration.com/2018/09/23/confidentiality-in-international-commercial-arbitration-truth-or-fiction/?doing_wp_cron=1594279422.6919820308685302734375. [3] Guidance Note on Remote Dispute Resolution...
Technology and Arbitration: The Age of Confidentiality Concerns and Due ...
...status in Commission proceedings, the complainant had significant participation and procedural rights before the European Commission.[19] Proceedings in Reasonable Contemplation: The Court held that the “proceeding” for which discovery was...
Using 28 U.S.C. § 1782 to Assist a Private International ...
...2018), https://www.cilc.nl/cms/wp-content/uploads/2019/01/Elements-Paper_INTERNATIONAL-ARBITRATION-OF-BUSINESS-AND-HUMAN-RIGHTS-DISPUTE.font12.pdf. [9] Summary Paper on Sounding Board Consultation Round, Center for International Legal Cooperation (June 2019), https://www.cilc.nl/cms/wp-content/uploads/2019/06/Summary-Paper-Sounding-Board-Consultation-Round-1-%E2%80%93-Results.pdf; Public Consultation on Business and Human Rights Arbitration, Center for International legal...