…justice, fairness, due process, truth-seeking, the minimisation of time and costs. All of these require arbitration to maintain a human element, ensuring that the process is fair, transparent, and accessible….
…of interest. This could strengthen personal or professional ties and influence the decision-making process. If two of the three arbitrators frequently work together in other proceedings, the parties have a…
…Nepal), France also initiated in late 2024 the process of reforming its 14 years old arbitration law (discussed here). This post provides a concise overview of this reform process. …
…(almost) necessarily going to lead to comments being made thereon and differences of opinion arising. This is an iterative process to ensure that both the arbitral institution and the rising…
…cases involving corruption. Panelists stressed that forensic specialists should be involved early in the process. If corruption is to be alleged, it must be supported by a well-documented narrative from…
…law interacts with arbitration—specifically the impact of criminal investigations and enforcement actions on the arbitral process, including the potential exposure of arbitrators to criminal liability. How Arbitration Views Criminal…
…an ordinance, and without prior consultation with stakeholders such as industry professionals, practitioners, arbitral institutes, and arbitrators, is both unexpected and concerning. In addition to the hasty process adopted for…
…raise settlement. Nonetheless, much depends on the quality of the mediator, their structuring of the process and their neutrality. The Preliminary Views Debate The panel closed with the issue of…
…the instinctive ability to process and analyze complex information and find solutions for the challenges that may arise while working on cases or navigating one’s career. Later in the session,…
…and efficient process for resolving cross-border disputes. Traditional considerations such as neutrality, quality of the judiciary, and a track record in enforcing arbitral awards remain paramount. But other factors play…
…the Federal and State MDAs, allowing for better management of the arbitration process (paragraph 3 (m)). Given Nigeria’s recent challenges with both commercial and investment arbitrations, as seen in such…
…action that would prevent, or refrain from taking action that is likely to cause, current, or imminent harm or prejudice to the arbitral process itself; or (3) provide a means…
…face of due process paranoia through reassurance that summary dismissal is authorised under English law (despite it already being provided for under most major arbitral rules). Law Applicable to…
…SIAC (“Rules”), which came into effect on 1 January 2025. Much has already been written on various aspects of the draft Rules during the consultation process (discussed here). In this…
…remains a private process that benefits only the involved parties, with no authoritative public case law generated. Both systems share a common goal of providing effective justice, aligned with commercial…
…arbitral process. For instance, South Africa’s penultimate Court, the Supreme Court of Appeal (“SCA“), in Tee Que Trading Services (Pty) Ltd v Oracle Corporation South Africa (Pty) Ltd and Another…
…most influential House of Lords verdict in Fiona Trust & Holding Corp v. Privalov provided a policy for adjudicating disputes by a single and streamlined arbitration process. The House of…
…does the pro-enforcement policy require the courts to overlook foundational and structural issues in the arbitral process (listed in Article V of the Convention) in favour of efficiency and certainty?…
…examine the application. Failure to process the application would be incompatible with the purpose of the standard. The Council must apply “norms contained in [UNCLOS] and the terms and principles…
…Act but should be stayed as an abuse of process pending the conclusion of the arbitration proceedings, subject to conditions. Chevron Australia Pty Ltd v. CBI Constructors Pty Ltd…
…and complicated documentation may hinder the process. The article also highlights the importance of Sharia-compliant agreements and the engagement of local legal expertise to facilitate the arbitral awards, as well…
…preventive constitutional review by the same Court during the legislation process, which determined that Article 34 of Law No. 19,971 is constitutional. Therefore, it would not be appropriate to question…
…be impacted by due process paranoia concerns. However, all these due process concerns and risks of challenges equally arise for arbitrators where the institutional rules stipulate time limits for rendering…
…after its constitution, considering the case’s circumstances. This approach offers flexibility while providing clarity, ensuring that the arbitration process adapts to the specifics of the dispute. Fees The 2024 Rules…
