...involved in deciding or predicting the outcome of a legal and/or arbitral proceeding. Instead, the tools are used to increase the efficiency of the legal and/or arbitral workflow. Examples in...
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...driver of innovation and power, the volume and strategic importance of “data disputes,” generally defined as disputes relating to the conditions of protection, of access to and/or of use of...
Using Arbitration and ADR for Disputes about Personal and Non-Personal ...
...The “operative part” of the award contains the specific finding of the arbitrator concerning the relief sought and concerning the parties’ presentations and also an order concerning the actions and...
Reasoned Arbitral Awards: An Iranian Perspective
...this allowed or not?” to “what does it mean to exercise jurisdiction in a constitutional order?” In this sense, the book operates as a work of institutional theory of control...
Book Review – Constitutional Arbitration: When Private Jurisdiction Meets Constitutionalism
...into two layers. The public layer—who appears in court—will often remain the original award creditor. The private layer—who pays, who controls strategy, who receives proceeds—will be engineered through contract, security,...
After Operafund v Spain: Why ICSID Award Trading Will Survive—But ...
...mechanisms unless expressly authorized to do so. The well-documented phenomenon of “due process paranoia”, which is the tendency of tribunals to favour procedural conservatism in order to insulate awards from...
Preliminary Determination and Early Dismissal in Arbitration: A Distinction Without ...
...match, the exclusion of a member of a national delegation, a dispute over a player’s eligibility, or the imposition of a disciplinary sanction capable of affecting the lineup of a...
The 48 Hours That Can Change the World Cup: Emergency ...
...the perspective of an arbitrator, running a conflict check and deciding whether to disclose or not to disclose information feels like balancing on a very fine line and in order...
TagTime with Cecilia Azar – Conflicts of Interest in International ...
...meetings and break-out rooms. However, there is no mention of software settings, liability in case of breach and other relevant questions. The Seoul Protocol on Video-Conference in International Arbitration (Seoul...
Technology and Arbitration: The Age of Confidentiality Concerns and Due ...
...witnesses provide testimony either face-to-face or via video.[9] While the former group received a credibility ranking of 4.30, the digital witnesses only received 3.61 points.[10] Based on his own research,...
Humans v. the Infernal Machine: Cross Examination in Virtual ...
...provides that “[i]n the determination of reparation, account shall be taken of the contribution to the injury by wilful or negligent action or omission of the injured State or any...
The Tik-Tok Ban in India: Remedies Under the ISDS Regime
...& J. Ole Jensen, In a ‘First’ Worldwide, Austrian Supreme Court Confirms Arbitral Tribunal’s Power to Hold Remote Hearings Over One Party’s Objection and Rejects Due Process Concerns, http://arbitrationblog.kluwerarbitration.com/2020/10/24/in-a-first-worldwide-austrian-supreme-court-confirms-arbitral-tribunals-power-to-hold-remote-hearings-over-one-partys-objection-and-rejects-due-process-concerns/, Kluwer...