...the revocation of any contract”.[16] One such ground is unconscionability which is generally invoked by courts while dealing with unilateral arbitrator appointments. 2) Unconscionability – There is no uniform definition...
...Commercial Arbitration (‘ICCA’) published the Report of the Cross-Institutional Task Force on Gender Diversity in Arbitral Appointments and Proceedings. The Report noted an increase in the number of appointments of...
...held by the UK Supreme Court in Halliburton Company v Chubb Bermuda Insurance Ltd, this is an objective assessment. When an arbitrator accepts appointments in multiple references concerning the same...
...The concept of the closed list of arbitrators is similar to the closed list arbitrator appointments in the CAS.[16] It seems that the selection of arbitrators in these institutions is...
...that the profession remains dominated by men: 93% of all appointments made in proceedings under ICSID between 1972 and February 2014, for instance, were of male arbitrators, and, of the...
...Advice (Vol. 3(1-4) December 1992) Himanshu Raghuwanshi & Krishnanunni U, Unilateral Arbitrator Appointments in the US – A tussle between ‘Unconscionability’ & ‘Party Autonomy’ (Blog, February 22, 2021) Discovery Nika...
...factors that may result in a dysfunctional tribunal thereafter, or indeed a need to make substitute appointments. Even if a tribunal has been appointed, its very constitution may still provide...
...compared to the requisite funds and costs; (d) the arbitrators’ backgrounds and appointments; (e) the jurisdictional hurdles during the proceedings and in enforcing the award;[40] and (f) the potential settlement...
...Stone’s Keith Richards, noted that “‘some things get better with age. Like me.’ Is correct for Keith Richards, but maybe, not for every arbitrator.” Senior arbitrators should avoid accepting appointments...
...programs started in big law in the early 2000s, less than 20% of tribunal-appointed arbitrators are women. While Arjun Agarwal recognized the progress made in increasing the numbers of appointments,...
...appointments. After all, a surgeon would not be permitted to operate without obtaining the relevant experience through education, observation, and practical experience: there is no substitute for experience. An innovative...
...Singapore law-governed disputes. As a result, SIAC appears to give less priority to the qualification of an arbitrator when making appointments for matters governed under Singapore law. Taking stock of...
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