...the issue and to suggest an approach that tribunals might follow to satisfy themselves – as best they can – that the procedure they adopt and the award(s) they issue...
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...race alone. The IBA acknowledges that lawyer mental wellbeing is a global crisis, and we are all at risk. The second Mental Wellbeing Principle is particularly important to remember: “Mental...
Through the Looking-Glass: Wellbeing in Arbitration — Part 2
Author: Lin Jacobsen* Published: July 2015 Description: I. INTRODUCTION This article seeks to demonstrate that China’s bilateral investment treaty (“BIT”) practice is best understood in light of China’s pursuit of...
International Investment Law with Chinese Characteristics: Zooming in on China’s ...
...in international arbitration. This also aligns with best practices as most arbitration legislation in different jurisdictions contain a reasons requirement with which the parties can dispense. In domestic arbitration, however,...
Reasoned Arbitral Awards: An Iranian Perspective
...hoping for the best, but ultimately relying on the principle of freedom of contract laid down in the Russian Civil Code. This principle, absent during the era of planned economy,...
Russian Shareholders’ Agreements and International Arbitration – Vol. 23 No. ...
... The roller-coaster ride to enforce the arbitral award by a private party in a public-private partnership agreement best illustrates how the arbitration regime in India has failed its main...
The DMRC Case: An Ongoing Walk to Execute Arbitration Award
Author: Harold I. Abramson* Published: March 1999 Jurisdiction: International Topics: Responsibility of Arbitrators Settlement Dispute Resolution and Litigation Mediation Description: The best time to settle an international business dispute can...
Protocols for International Arbitrators Who Dare to Settle Cases – ...
...careful study of their client’s Best Alternative To Negotiated Agreement or BATNA, or WATNA;2 the Worst Alternative To Negotiated Agreement; — with no study of the opposite number’s BATNA or...
Advocacy in Mediation – Vol. 5 No. 1-4
...and privacy of proceedings are crucial as the parties may have chosen Alternative Dispute Resolution (ADR) proceedings for reasons like protecting a trade secret or safeguarding their reputation. Although confidentiality...
Technology and Arbitration: The Age of Confidentiality Concerns and Due ...
...in the United States with reference to anti-arbitration injunctions continues to be debated.[45] B. Judicial Position in India The judicial position in India can at best be described as tumultuous....
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction
...arbitrators and national courts are critical to the functioning of modern international commercial arbitration. Trite but true, although acknowledgement of the place of national courts and national law in this...
Institutional Rules and Arbitral Jurisdiction: When Party Intent is Not ...
...and enforcement of arbitral awards exist. As part of its mandate, the EBRD promotes the accepted standards of best international practice. With relation to international commercial arbitration, the standard is...