Suggestions to improve transparency and access to usable data

Appointment of arbitrators, Efficiency, International arbitration, New York Convention, Suggestions to improve transparency and access to usable data, Transparency in investment arbitrations

(Bocconi University)/ /2 Comments
Arbitrator Intelligence

On this blog, I have previously (here and here) questioned existing practices for how arbitrators are selected and argued that a new approach is both necessary and long overdue. To briefly recap those previous posts, the selection of arbitrators is one of the most sensitive and critical moments in an arbitration. Arbitrators not only decide…

Appointment of arbitrators, Efficiency, International arbitration, Suggestions to improve transparency and access to usable data

(Bocconi University)/ /9 Comments
Arbitrator Intelligence

In a recent post, here, I argued that the time has come to move on from the gumshoe clue-hunting approach currently employed to select international arbitrators. Existing practices are severely outdated and unduly expensive in an era of information and technological efficiency. The process for selecting arbitrators, I argued, should be more transparent and key…

Appointment of arbitrators, Arbitrators, Efficiency, International arbitration, Suggestions to improve transparency and access to usable data

(Bocconi University)/ /2 Comments
Arbitrator Intelligence

As Rusty Park remarked, “[I]n real estate the three key elements are ‘location, location, location,’ … in arbitration the applicable trinity is ‘arbitrator, arbitrator, arbitrator.”’ Empirical studies consistently verify that parties’ ability to select arbitrators is one of the primary reasons they select arbitration as a means of dispute resolution. Parties also consistently vote with…

NAFTA, Suggestions to improve transparency and access to usable data, Transparency in investment arbitrations

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On March 11, 2001, The New York Times published an article entitled “Nafta’s Powerful Little Secret; Obscure Tribunals Settle Disputes, but Go Too Far, Critics Say.” It began, ominously: “Their meetings are secret. Their members are generally unknown. The decisions they reach need not be fully disclosed.” Over the ensuing decade, while NAFTA Chapter Eleven…

Arbitration Agreements, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Domestic Courts, International arbitration, Other Issues, Suggestions to improve transparency and access to usable data, Transparency in investment arbitrations

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White & Case

The views of lawyers involved in international commercial and investment arbitration are being sought for a new international arbitration survey from Queen Mary, University of London (QMUL). Conducted by QMUL’s School of International Arbitration and sponsored by White & Case LLP, the 2012 survey aims to examine whether a “harmonised international arbitration procedure is emerging,…

Arbitration Institutions and Rules, Arbitrators, Suggestions to improve transparency and access to usable data

(MDisputes)/ /2 Comments

A recent discussion on the OGEMID list about “elite arbitrators” prompted one participant to humorously compare the discussion to the frequent flier programs of airlines. This led to some fanciful speculation by in-house counsel of arbitration institutions offering their own loyalty programs, awarding us with “Frequent Arbitrating” points. For example, would there be free “upgrades”…