Procedural Fairness

2023 in Review, Annulment, Canada, Due process, Procedural Fairness, Recognition and enforcement of arbitral award, Set aside an arbitral award

(Woods LLP)/ /Leave a comment

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 unconscionability of arbitration agreements, this Part 2 shines light on different takes on procedural fairness and “fresh evidence” in post-award proceedings.   What is “Proper Notice”? The past…

Appeal, Procedural Error, Procedural Fairness, Procedural Order, Set aside an arbitral award, Set aside an international arbitral award, Singapore, Witness

and (WongPartnership LLP)/ /Leave a comment

It is trite that an award may be set aside if there has been a breach of the rules of natural justice. This may arise from, among others, a tribunal’s procedural ruling. However, during the arbitration, there is no recourse for parties to challenge such procedural rulings. This was the situation in CBS v CBP…

Procedural Fairness, Set aside an arbitral award, SIAC, Singapore, Singapore Court of Appeal, Singapore International Arbitration Centre, UNCITRAL Arbitration Rules, UNCITRAL Model Law, Witness, Witness Conferencing, Witness Statement

, (Clyde & Co Clasis Singapore)/ /Leave a comment
Clyde & Co.

In CBS v CBP [2021] SGCA 4 the Singapore Court of Appeal upheld the High Court’s ruling in CBP v CBS [2020] SGHC 23, being a rare example of the Singapore Courts setting aside an award. The arbitrator’s decision not to allow a hearing for oral witness evidence was found to be a breach of…

COVID-19, Expert evidence, Hearing protocol, HK Arbitration Week, Procedural Fairness, Remote hearings, Videoconferencing, Virtual hearings

, (Herbert Smith Freehills)/ /Leave a comment
Herbert Smith Freehills

The first day of Hong Kong Arbitration Week 2020, hosted by the Hong Kong International Arbitration Centre (“HKIAC”), was an opportunity for practitioners to discuss the topic: “Socially Distanced or Procedurally Flawed: International Arbitration in times of COVID“, which sought to address some of the ever-evolving challenges of conducting virtual hearings in times of COVID.1)The…

China, Civil Procedure, Court Proceedings, Discretion, Fair and Equitable Treatment, Procedural Fairness

(Zhong Lun Law Firm)/ /Leave a comment

The “right of clarification” (in German: Aufklarungsrecht) is a product of the inquisitorial method of hearing. It refers to a judge’s right to ask, suggest to or require the parties to clarify or supplement their ambiguous, insufficient or improper claims, submissions or evidence. In international arbitration, which is strongly influenced by the adversarial system, arbitral…

COVID-19, Hearings, New York Convention, Procedural Fairness, Videoconferencing, Virtual hearings

(Kim & Chang) and (Nishimura & Asahi)/ /Leave a comment

Conducting all or parts of a hearing in the form of a virtual hearing has become a daily reality for many arbitrators, parties, and witnesses as the COVID pandemic continues to disrupt the legal practice. But as countries gradually ease out of lockdown and find their way into a “new” normal, it may be worth…

Armesto Schedule, Document Production, Efficiency, IBA Rules of Evidence, Procedural Fairness, Redfern Schedule

, (Armesto & Asociados)/ /1 Comment

Many will shy away from this article on account of its mere title. This is understandable considering that document production tends to be seen as a nightmarish phase in arbitration for junior, senior lawyers and arbitrators alike. This is because, if not handled properly, document production can turn into a very costly and time-consuming exercise….