…and the judicial review mechanism should be seen as converging towards aiding the arbitral process in reaching its goal. Thus, I will demonstrate why a limited judicial control of arbitral…
…if parties do not use arbitrator disclosures in a tactical manner to raise challenges to frustrate or abuse the arbitral process. What is the standard applied by the ICC?…
…Efficiency. The New Arbitration Law significantly improves the efficiency of the arbitration process. A few examples include: continuation of the arbitral proceedings notwithstanding any application for interim measures or a…
…structure, thereby facilitating the enforcement process and reducing the related costs in cross-border transactions. Arbitration The Draft suggests that little impact is likely to take effect until the end of…
…There is no doubt that, as the Prague Rules state, parties to international arbitration usually desire an efficient and speedy process. Just as much – and perhaps even more –…
…dispute to the SADC Tribunal. Lesotho participated in a process that foreclosed that avenue, leaving the claimants without recourse. In those circumstances it would have been tempting to find a…
…2016 to make arbitrators and party-appointed experts criminally liable for an expression of bias over the course of an arbitration process in violation of the prevailing principles of impartiality and…
…as an indispensable tool in the fact-finding process. In civil law countries, however, judges enquire into the facts with the assistance of the parties. The parties only present the documents…
…experience, and all but excludes the voices of diverse decision makers in the arbitration process.” The petition goes on to note that homogeneous panels risk “unconscious bias in decision-making because…
…those circumstances that generate justifiable doubts about the independence and impartiality of the arbitrator should be revealed, since “(…) the doubt that is admissible in the arbitration process is that,…
…become absorbed into normal litigation life. The mechanics of the process are more familiar, and the advantages of increased predictability have become more evident. In Harrison v University Hospitals Coventry…
…as: “My experience in the mediation process (and, frankly, life beyond) has been that people and events rise or fall to meet your expectations. We must model that sense of…
…actual behavior, however, because they measure the benefits of diversity in the abstract. Arbitrator selection, by contrast, is hyper-individualized and highly personal—both in the process and substance of assessing potential…
…a nearly five-year long legislative process to update the twenty-year old Arbitration Act of 1999, generating two earlier Kluwer blog posts by Brian Kotick and Anja Havedal Ipp. The revisions…
…tribunals have been criticised for not having to go through any stringent selection and formation process. In response, he questioned the basis for this conception that courts have more legitimacy…
…formality of the primary jurisdiction is not met; however such formality does not vitiate the arbitration process per se), and (3) Exercise of non-existent powers (i.e. when the court of…
…shared during the arbitral process and the impact of a cybersecurity breach on their client’s business. They are also important actors in shaping the arbitral procedure and the main parties…
…Bill does neither, but leaves it open for the courts (1 Supreme Court plus 24 High Courts) to start the designation process for an (infinite) number of AI. Further,…
…the current arbitration process and align the UAE arbitral framework to international standards. However, while the newly-enacted law is largely based on the Model Arbitration Law, the UAE Arbitration Law…
…litigation-style techniques, which are alien to arbitration. Arbitrators nevertheless appear to be forced to follow these default rules by their so-called ‘due process paranoia’: the ‘reluctance by tribunals to act…
…Therefore, we are of the view that all parties should be encouraged to initiate dialogue through mediation by a third party outside of the arbitration process, as a way that…
…some level of rationality as listed above. However, the rational and non-rational elements are not easily balanced during the decision-making process. We therefore turn to Daniel Kanheman’s works to aid…
…amounted to an “abuse of process”. But, as the commentary correctly points out, on the authority of Astro, the very same “abusive conduct” would not have prevented the respondent from…
…to be used in international arbitration for the following reasons: Private: To ensure the confidentiality that is usually highly regarded by participants in the arbitral process. Permissioned: To ensure that…
