International arbitration

Contextualizing the need to debate the ‘regulation’ of international commercial arbitration: an introduction When entering an hospital, the average patient rarely questions the commitment of its doctors to its well-being. Likewise, when visiting an attorney, most have confidence that the person they visit have their best interests at heart. In reality, our confidence in the professionals performing their roles is based on the existence of a complex web of incentives and deterrents not always easy to identify. The reason why a doctor cares for the life of its patient or a lawyer for the fate of its client will include a wide range of factors, from simple monetary incentives, like the desire to get more costumers or avoid disciplinary action, to complex deeply ingrained cultural values and moral judgements. Society expects many professions to act ethically and fulfil a role that goes beyond simply complying with strictly defined contractual obligations. Many professions are trusted by society to perform key tasks with deep public interest implications, from providing life-saving procedures to guarantee legal rights. A society however rarely trusts only in market incentives, social pressures and moral judgements to lead professionals to behave in accordance with the public’s expectations. To assure that professionals and…

world, international commercial arbitration has become the effective mechanism to resolve disputes between foreign parties, especially in the business community. Besides, nowadays many parties turn to use the arbitration proceeding as an optional method for solving the conflict instead of litigation. This is because the parties need to escape from the national courts, which may postpone procedural dispute. Compared with the arbitration procedure that offers more flexibility, neutrality, finality…

Consolidation under institutional rules in two-party arbitration Table of Contents I. Introduction 1 II. Court ordered consolidation 2 III. Consolidation under institutional rules 5 A. Common provisions 6 B. Criteria used 7 (i) Link between the cases – same legal relationship 7 (ii) Compatibility of the agreements 10 C. Relevant circumstances 11 D. Different arbitrators have already been appointed 11 IV. Conclusions 13 A. Increasingly important role of institutions 13 B. Institutional rules…

approaches with regards to confidentiality and misconduct of arbitrators in international arbitration. Arbitration compared to litigation has proven to be a preferred means in resolving commercial disputes because of its privacy and confidentiality. This is a principle which is widely recognized, however, different jurisdictions like that of Australia and England have different approaches to confidentiality. This is demonstrated in the English case of Emmott v Michael Wilson and the Australian…

While arbitration has many procedural problems, delay is not one of them, since most arbitration cases are heard within 10 days after the request. 17. World War II increased the popularity of arbitration since many union and management officials realized that uninterrupted wartime production was essential. 18. The "repeat player" situation favors the individual employee. 19. Arbitrators heavily weigh offers of a compromise grievance settlement before the arbitration hearing since this…

Can an argument be made that alternative dispute resolution diminishes our constitutional rights to a fair trial? Compare and contrast the fairness between a civil trial court decision and a decision reached by a single mediator in a binding mediation. The fairness of a civil trial decision and a mediation decision has many differences, such as who makes the decision and whether or not there is a right of appeal. The fairness of a civil trial decision includes a judge, jury, a winner and a…

work out their differences. For these reasons, it is wise to include dispute resolution clauses in contracts so that the parties agree ahead of time how disagreements will be resolved. Including dispute resolution clauses in contracts saves the parties valuable time and money that may have been spent fighting in court. There are two primary methods of alternative dispute resolution: arbitration and mediation. Both of these methods encourage the parties to settle their disputes outside of the…

4.4 Advantages Of Questionnaires 1. Less Cost And Expenditure- The questionnaire is not as costly as that of other methods. The only expenses it incurs are that of postage and getting the questionnaire prepared. The researcher does not incur costs on travelling and meeting people. 2. Possible To Cover Large Area- If the respondents are scattered over a wide geographical area, Questionnaire method can be used. The investigator has to send the questionnaires by post and he gets the replies. 3.…

In arbitration, the parties are required to conform to the rules governing the process and include accepting the imposed decision by the arbitrator. This process is disadvantageous as compared to a litigation process because it conforms to the same procedure but with dire consequences. A binding arbitration is without an appeal and its ruling is final despite the objections of either party. Under the law, fraud entails any deliberate deception for self gain (Alghamdi, 2011). Using the evidence…

This Stipulation re Confidentiality and Protective Order is entered into by Blast Enterprises, Inc., Stephen Brody, and Trudy Brody (collectively, “Plaintiffs”), and Escondido Trafalgar, LLC (“Defendant”), by and through their attorneys of record. In this Agreement, Plaintiffs and Defendants are also referred to individually as a “Party” and collectively as the “Parties.” IT IS HEREBY STIPULATED by and between the Parties as follows: 1. The documents relating to settlement negotiations between…