Due process provisions meant to serve as a shield against arbitrary or unequal treatment may at times be transformed into swords by abusive parties to achieve precisely the consequences that such…
Following the morning session of the SIAC Symposium 2024, which explored issues including the challenges posed by artificial intelligence (“AI”), climate change, and trade disruption (see Part 1),…
This year’s 36th Annual ITA Workshop (held in Austin, Texas on June 19-21, 2024) did exactly what it said on the tin: It provided the audience with truly “Global Perspectives on Due Process in…
The analysis of the decision of the Federal Constitutional Court (Bundesverfassungsgericht – the “Court”) dated 3 June 2022 (1 BvR 2103/16) in the Pechstein case (the “Pechstein Decision”, also…
This Part 2 continues reflections on key arbitration-related developments in Canada during 2023. Whereas Part 1 addressed the courts’ approaches to arbitrator independence and impartiality and the…
Following the success of previous editions (see here for previous coverage), the fourth edition of Copenhagen Arbitration Day took place in October 2023. The theme was the “Future of Arbitration” and…
Under the Law on Commercial Arbitration 2010 (“LCA”), both domestic and international arbitral awards can be set aside on the basis that the arbitral award contravenes the “fundamental principles of…
28 U.S.C. § 1782(a) allows U.S. federal district courts to order discovery against any person or entity “found” in the U.S. “for use” in a proceeding in a “foreign or international tribunal” upon…
The Seoul ADR Festival (“SAF”) 2022, conducted by the Korean Commercial Arbitration Board, was held between 7-11 November 2022. The 11th Asia-Pacific ADR Virtual Conference, the flagship conference…
