Author: Raúl Pereira Fleury* Jurisdiction: International Switzerland Topics: Independence and Impartiality Arbitrators and Arbitral Tribunals On December 22, 2020, the Swiss Federal Supreme Court (the “Supreme Court”) handled its decision...
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...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 ...
...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 ...
...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
...International Commercial Disputes (Vol. 3(1-4) December 1992) Raúl Pereira Fleury, Beware of What You Tweet – Social Media and the Objective Test to Challenge an Arbitrator’s Impartiality (Blog, February 18,...
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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 ...
...or impartiality. Additionally, the fifth schedule of Arbitration Act, 1996 considers an Arbitrator’s indirect interest. Hence, it is necessary for disclosure of the funder and the relevant part of the...
Third Party Funding In Arbitration In India
Author: Hans Smit* Published: April 2010 Jurisdiction: International Topics: Arbitrators and Arbitral Tribunals Independence and Impartiality Description: I. INTRODUCTION Statutory and institutional rules are unanimous in providing that arbitrators in...
Delinquent Arbitrators and Arbitration Counsel – Vol. 20 No. 1
...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...