...held that arbitrators, like judges, must present enough guarantees of their independence and impartiality. However, such independence and impartiality can only be effectively challenged if objectively ascertained circumstances give rise...
Search Results for : Independence Impartiality
...are impartial“.[16] At the same time, the Law Commission recognised that independence is “tied up with impartiality and disclosure“.[17] It conceded that, although impartiality is what matters and there are...
The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...
Author: Lori Baitarian** Jurisdiction: International Topics: Third-party Funding Independence and Impartiality Arbitrators and Arbitral Tribunals This is a summary of the June 20, 2020, TagTime episode by Cecilia Azar† titled...
TagTime with Cecilia Azar – Conflicts of Interest in International ...
Author: Aldo Berlinguer* Published: December 1995 Jurisdiction: International Topics: Independence and Impartiality Commercial Disputes ADR Description: Interest in arbitration as an alternative method for dispute resolution has dramatically expanded in...
Impartiality and Independence of Arbitrators in International Practice – Vol. ...
Author: Pedro Sousa Uva* Published: December 2010 Topics: Independence and Impartiality Appeal to Arbitral Tribunal and Annulment Description: “[The review on the merits is, whatever euphemistic phraseology is used, in...
A Comparative Reflection On Challenge Of Arbitral Awards Through The Lens ...
Author: Fuyong Chen* Published: January 2009 Jurisdiction: China Topics: Independence and Impartiality Composition of Arbitral Tribunal Description: The emergence in China of local arbitration commissions (“LACs”), and in particular their...
Striving for Independence, Competence, and Fairness: A Case Study of ...
...includes the nomination of an arbitrator. With respect to procedure, the Report had asked for party autonomy to be respected, but not at the cost of impartiality and independence.[6] However,...
Single-Party Arbitrator Nomination as a Ground of Annulment in India
...is capable of exercising civil acts and is entrusted by the parties can act as an arbitrator, provided that the arbitrator exercises impartiality and independence, competence, diligence, and discretion (Article...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
...1998) Independence and Impartiality Lori Baitarian, TagTime with Cecilia Azar – Conflicts of Interest in International Arbitration: Debates and dilemmas surrounding third-party funding and party representation (Blog, March 18, 2021)...
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...of the proceedings. Such attacks may involve questioning the independence and impartiality of arbitrators, allegations of unequal treatment of the parties and violation of due process. Arbitrators may have to...
TagTime with Prof. Nayla Comair-Obeid – Robust Arbitrators: How to ...
...the same funder, serious questions arise as to the impartiality and independence of the arbitrator. Such risks are far more acute in arbitration than in litigation, since arbitrators are appointed...
Arbitration Finance in the Aftermath of a Pandemic: Third-Party Funding ...
...principle in arbitration of independence and impartiality of the arbitrators, and a Court that chooses to hold a stricter standard should not necessarily be viewed as anti-arbitration. In Commonwealth Coatings...