…that taking a pledge was the way forward. By signing a pledge and encouraging practitioners in dispute resolution to do the same, they would feel more committed to redressing the…
…means of dragging out litigation. Moreover, some mediators are expressing growing concern about lawyers taking control of the mediation process, limiting joint sessions and insisting that all communications go directly…
…because arbitration is hindering the development of the common law (by taking cases away from national courts and allowing them to be decided behind closed doors). In response, Lord Saville…
…Centre (the “Center”) and a Code of Conduct of Arbitrators are almost ready and expected to be officially in place. These rules contemplate a number of hybrid rules, including: (1)…
…proceedings. On 19 January 2016 the Rules of Procedure (the “Rules”) were issued by the Tribunal, including a final section entitled “Section VI. Transparency”. This section sets out a procedure…
…of the Evidence Act is the treatment of evidence, and this is conceptually independent and distinct from rules of contractual construction. While the rules of evidence under the Evidence Act…
…especially those coming from the commercial world. This development started with the English ‘Woolf Reforms’ in 1996, creating efficient Civil Procedure Rules in England and Wales, and is now being…
…arbitral institution, set of arbitral rules, arbitral seat, number of arbitrators). Further, the parties should define the scope of the clauses broadly and clearly express their intention that each of…
…by the Plaintiff was that the arbitral tribunal relied on a “non-existent” piece of evidence, while not taking into account evidence submitted by the Plaintiff. The former was solely “a…
…Agreement was terminated. He rejected Genentech’s arguments that this breach European anti-trust rules. 1.4 Genentech’s anti-trust case to set aside/annul the Arbitral Award Genentech challenged the Third Partial Award and…
…possible ethics regulators, including arbitration associations, and panelists very briefly engaged the question of the institutional incentives to adopt effective ethics rules. Ethics rules can cover a variety of topics,…
…the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings.” Notwithstanding the parties’ broad freedom to select the procedural rules,…
…the evidence proffered by a party, an arbitrator must give each of the parties to the dispute an adequate opportunity to present its evidence and argument.” The court found that…
…rules and administering arbitrations), as a multi-national court that is the final expositor of OHADA law, and as the authority competent to annul arbitral awards rendered pursuant to CCJA rules….
…arbitration itself, and therefore it makes completely no sense to have its rules integrated with the rules of regular procedures. To summarise, all the issues highlighted – even taken as…
…An advantage for specialized arbitration institutions is also to provide better suited – for sector-specific – rules of arbitration proceedings. It should be noted, however, that amendments in arbitration rules,…
In a recent enforcement action of a foreign arbitral award rendered under the ICC Rules in London, England, the Dubai Court of Appeal questioned the United Kingdom’s proper membership of…
…with the DIAC Rules. The Claimant claimed that the Respondent failed to perform its contractual obligations and initiated arbitration proceedings pursuant to the DIAC Rules. In finding for the Claimant,…
…Article 5(1) ADR Rules, i.e. to discuss the specific ADR procedure to be followed. Article 6(1)(b) of the ADR Rules provides that the ADR proceedings shall terminate, inter alia, by…
…the logical implications of the agreement. For example, it is logical that the rules of Natural Law should apply. Hardly any of us would expect to decide between two Parties…
…arbitrators’ discretion. The 2014 IBA Guidelines for Conflicts of Interest were the first rules specifically addressing TPF, but they are only soft law and there is no reported practice on…
…as the taking of evidence had been completed in the case, there was only a limited possibility that the criminal proceedings and investigation could have affected the procedural integrity of…
…(2) simplified evidence charts that set out the arguments and supporting evidence relied on by the applicant, the respondent or both; and (3) cause and effect diagrams that facilitate the…
…of evidence and settlement, which aligns as closely as possible with the party’s view on how the arbitration should be conducted. Yet, there is a dearth of available information as…
