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Piloting Arbitrator Intelligence

On this blog, I have previously (here and here) questioned existing practices for how arbitrators are selected and argued that a new approach is both necessary and long overdue. To briefly recap those previous posts, the selection of arbitrators is one of the most sensitive and critical moments in an arbitration. Arbitrators not only decide substantive outcomes of disputes, but also are vested with extraordinary discretion to determine a range of issues that affect how the arbitration will proceed—from the scope of arbitral jurisdiction, to how the applicable law is selected, to the procedures for adducing evidence, to the availability of interim relief, to how costs and fees are awarded. [...]

Blog Survey (No. 2): The Use of Soft Law Instruments in International Arbitration, still open for responses

We are truly grateful to all those persons who have submitted answers to the survey. It will remain open until March 13, 2013.

If you haven’t taken the poll yet, please do share your experience. You will contribute to the knowledge-building of the worldwide arbitration community. An analysis of the results will be published in a special post coming soon.

Blog Survey (No. 2): The Use of Soft Law Instruments in International Arbitration

A uniform regulation of substantive, procedural or ethical aspects of international commercial disputes through intergovernmental cooperation has proven to be an unachievable goal or hardly a goal at all. Nonetheless, while national laws are widely used as framework for international arbitration, a number of initiatives have emerged aiming at creating intrinsically international rules (soft law instruments).

A recently published empirical and theoretical assessment of the UNIDROIT Principles of International Commercial Contracts as a case study of the lex mercatoria, suggests that the Principles offer a “synthesis of normative expectations arising from delocalized and denationalized commer [...]

Book Review: Commentaries on Selected Model Investment Treaties (Chester Brown, editor, Oxford University Press, 2013)

In recent years, Oxford University Press has devoted considerable effort to enhancing its transnational law list. In doing so, it has added several titles addressing international arbitration and investor-State topics. Among its more recent offerings is Commentaries on Selected Model Investment Treaties (hereinafter “Commentaries”) edited by Dr. Chester Brown.

Commentaries is substantial. It comprises 895 pages and 18 detailed chapters; each chapter is separately authored and the authors follow a common format to provide their observations and analysis. The authors are well-credentialed persons from government, academia, and private practice. With the exception of the chapter on NAFTA, e [...]

Arbitrating Disasters

The use of arbitration in large scale disasters – both natural and financial has increased in recent years. Alongside this increase has been the growing use of arbitration to resolve an increasingly wide array of claims in insurance, tort, and emergency public assistance.

In the realm of financial claims, arbitration is used widely in the United States, Hong Kong, and Singapore as examined in Consumer Financial Dispute Resolution in a Comparative Context. Drawing on empirical findings from a multi-jurisdictional survey, research has found that many of the advantages considered when selecting arbitration in consumer financial claims included the finality of claims, speed and the expertise o [...]

Liability Insurance in Arbitration: The Emerging Spanish Market and the Impact of Mandatory Insurance Regimes

Under the direction of the Swiss Arbitration Association (“ASA”), a recent questionnaire asked 82 of the world’s most prestigious arbitral institutions, among other questions, whether they had insurance for professional liability claims. There are very few empirical studies in this area, but the survey indicated that only few institutions made an effort to answer; and for the 22 of institutions that did respond, the responses came from major international arbitration institutions. The data collected was noteworthy. Over half of the institutions responding identified that they had insurance for liability claims against the institution. The study also identified that arbitral institutio [...]

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