…for the review of arbitral awards and the correction of errors under specific circumstances. This is aimed at ensuring the reliability and integrity of the arbitration process without resorting to…
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 covered…
…exploit for leverage. Arbitration also offers a more predictable process for presenting evidence compared to litigation. Additionally, the less formal arbitration setting allows arbitrators to assess the credibility of both…
…the global ADR community was discussed. The process for drafting the Guidelines on the Use of Artificial Intelligence in Arbitration was officially announced in July 2023 with a dedicated drafting…
…and certification programs, such as the Chartered Institute of Arbitrators’, have improved the expertise of arbitrators and developed socio-legal communities of their own. He argued that this process has not…
…clauses. Further, multi-tiered dispute settlement could also be proposed for specific claims which need not go through an arbitral process. State’s Perspective of Arbitration Mr. Tushar Mehta raised several…
…of its economy, and the P&ID arbitration where the UK Commercial Court had overturned an award on the grounds of severe abuse of process and multiple counts of bribery. Honduras’…
…and how it may lead parties to lose faith in arbitral mechanism altogether. Interplay of Bias and Legitimacy During an Arbitral Process Addressing legitimacy, Justice Manmohan quoted Professor Catherine…
…negotiation process. The main party typically has the greatest interest in agreeing upon the DIS-TPNR. However, its counterparty will also easily agree to the DIS-TPNR if—as is often the case—the…
…must bring to their decision-making process a human rights-informed understanding of how climate policy impacts private investment. In the words of the Court in KlimaSeniorinnen, “there is force to the…
…the SC Rules. The Supreme Court in this case limited the exercise of such jurisdiction to two specific grounds, namely, ‘abuse of process’ and ‘gross miscarriage of justice’. It thereafter…
…to the absence of the necessary details of the dispute as required in clause 53.2 and the proposal of mediation, a process that was not part of the pre-arbitration procedure…
…invariably lead to one exclusive and definitive dispute resolution process, where the outcome always depends on the Two-Options Parties’ decision. In the event that arbitration is selected, such agreements guarantee…
…remove arbitrator under section 24 is not applicable in relation to emergency arbitrator as the whole process of emergency arbitration is governed by the institutional rules. Whereas both the Singaporean…
…is creating a modelling tool to track the carbon footprint of arbitrations and identify items for mitigation. Our Institutions, Corporate, and Implementation Task Forces are in the process of rolling…
…on the national procedural rules that regulate recognition and enforcement of foreign and domestic arbitral awards. Second, it confirms the expedited process of enforcement by adopting the request process rather…
…of rules, the counterclaims must be filed within certain time limits to ensure that due process and the efficient conduct of the proceedings can be maintained. The Challenge of…
…vital role of effective dispute resolution mechanisms in ensuring a just and smooth transition to cleaner energy sources in Africa. As the continent navigates this complex process, tailored approaches to…
…use in commercial arbitration cases. Sobota stressed how efficiency can always be improved with technological tools. He compared the process of consulting a hard copy of Shepard’s Citations publications with…
…of information, then one of the foundations of the arbitral process, witness examination, becomes increasingly precarious. Even procedurally-focused remote conferencing finds itself on uncertain ground if an arbitrator or counsel…
…process. He shared the best negotiation advice he has ever received—use “less of the head and more of the heart” to make a human connection. Advice for Young Professionals…
…remote hearings. Version 3.0 features an entirely remote arbitration process, including remote filing and electronic signatures. In 2023, 8,727 remote filings were made, making up 72.7% of all filings, and…
…Mariel Dimsey, the unique arrangement should serve to grow overall arbitration cases in Asia. Cross-Cultural Disputes The complexity of cross-cultural disputes within the arbitration process was explored by various…
…limited scope for judicial intervention in the evidence preservation process, which contrasts with the broader powers granted to courts in some other jurisdictions for asset preservation. This aspect, according to…
