From the Editors of Kluwer Arbitration Blog: 2023
…to go back to the early years of the Blog and read the excellent posts of Alexis Mourre (see for example, Conflicts of Interest: Towards Greater Transparency and Uniform Standards…
…to go back to the early years of the Blog and read the excellent posts of Alexis Mourre (see for example, Conflicts of Interest: Towards Greater Transparency and Uniform Standards…
…interim measures. He also emphasised that new initiatives are under consideration to develop transparency in the work of the domestic courts. The panelists went on to discuss how cross-jurisdictional collaboration…
…to the expert, and the lack of transparency of communications between the two. It was also suggested that a tribunal could have an unconscious bias towards a tribunal-appointed expert versus…
…case law: CCEE recognizes the importance of maintaining a database of the arbitral decisions to promote transparency concerning the application of regulatory rules. Based on its experience in previous cases,…
…Dispute-Resolution Policy) could offer a more suitable solution. This approach could provide a more streamlined, less costly avenue for resolving data privacy disputes, thereby enhancing transparency, accessibility, and cost-effectiveness in…
…a single schedule of fees is established to increase transparency and clarity for the users. The proposed change in the fees, which would use the current abbreviated procedure fee schedule…
…arbitration clauses after public hearings, strengthening public perceptions of legitimacy. In fact, the ANP inserted PCA clauses in its oil contracts only after public consultation, pre-empting legitimacy problems. Transparency is…
…reliability, and transparency, and the agility needed by counsel to make strategic choices at a moment’s notice. 4. Unexpected Testimony About Document Not Produced Ricardo Cruzat Reyes discussed a…
…available on the Kluwer Arbitration database. It served as VIAC’s response to the increasing call of parties, counsel and arbitrators alike for greater transparency in arbitration through enhanced access to…
…panel presented a lively discussion on four aspects of the Declaration: access to justice and rule of law; independence and neutrality; transparency; and diversity, equity, and inclusion. First, the panel…
…transparency. Kai-Uwe Karl stressed the possibility and importance of redacting arbitral awards. There was a need for and a benefit in publishing awards (e.g., for research purposes), but the right…
…also being considered to enhance transparency and inclusivity in the ISDS process. In concluding the day-long conference, Ms. Uson, a Filipino herself, affirmed SIAC’s unwavering commitment to the Philippines. Based…
…AI tools also likely fall short of the requirements of reliability and transparency that are necessary to sustain the legitimacy of legal proceedings. Whether in litigations or arbitrations, judges or…
…analysis. He also highlighted potential sensitivities in having conversations with new clients around financial metrics. Key to addressing these challenges is transparency with the client regarding all aspects of the…
…any case; Principle of Transparency and Credibility, ensuring that all links of AI systems, including the collection and management patterns of judicial data, the process of legal cognitive semantics, and…
…arbitration in general. Is greater transparency needed for revolution? The panel considered this question against the need to maintain confidentiality and balance competing common and civil law practices. It was…
…the development of a body of precedent on topics which are more commonly arbitrated than litigated. However, most arbitral institutions are moving towards greater transparency in the publication of awards,…
…confidentiality in the context of emerging themes like ESG considerations, emphasizing the need for transparency while preserving party autonomy. Technology, Artificial Intelligence, and Intellectual Property The second topical discussion was…
…taxonomy of carbon accounting where the terminology commonly used to describe emissions and offsets lacks a universally recognised set of definitions. The practical challenges with maintaining consistency and transparency in…
…the role of technology, institutionalisation, and transparency in international arbitration, with a particular focus on arbitrating disputes in Hong Kong and at the HKIAC. The discussion focusses on: The involvement…
…recognized the validity of TPF in arbitrations and called upon the government to formulate rules governing aspects such as transparency and disclosure of TPF. Greater acceptability of TPF in arbitrations…
…technology, leveraging artificial intelligence (“AI”), promoting diversity, and improving transparency. Additionally, the rise of public administration in arbitration adds a new dimension to the discourse. Understanding these key aspects becomes…
…optimizations to strike a balance between transparency towards the parties on delegation of tasks on the one hand, and the secrecy of deliberations on the other hand. For now, tribunals…
…transparency, and “under user control”. However, some countries explicitly encourage the use of technology in the judicial process, like Colombia with its 2022 law, which provides that public lawyers should…