Arbitration, as an alternative dispute resolution mechanism, has gained broad acceptance due to its flexibility, efficiency, and ability to provide a simplified method for resolving disputes. Time management is crucial to the efficiency of arbitration, as prolonged disputes can result in higher costs and reduce its advantages. The question of whether fixed deadlines in arbitration […]
Navigating LNG Price Arbitrations
The global energy sector is changing significantly as liquefied natural gas (LNG) becomes increasingly important in meeting growing energy demands and addressing environmental concerns. Even before COVID-19, the natural gas markets underwent such rapid evolution that they disrupted established long-term supply contracts, leading to waves of LNG price arbitrations. While LNG price arbitrations may harbour […]
Can Arbitrators Promote Settlement in Arbitration?
Parties can always attempt to settle their dispute in an amicable manner, even if the dispute has been referred to arbitration.[1] However, different opinions emerge regarding the arbitrators’ role in the settlement process. Certainly, arbitrators may facilitate settlement indirectly. As stated by Kaufmann-Kohler, arbitrators “can simply ask a few well-targeted questions at the right time, […]
AI in International Arbitration
Artificial Intelligence (AI) is the ability of a computer or computer-controlled robot to perform tasks that are commonly associated with the intellectual processes characteristic of humans.[1] With the appearance of AI, many fear that computers will take over the work of human workers, especially in fields where a computer can actually perform better. An example […]
The Case Against the Bifurcation of Arbitration Proceedings
Despite the common use of bifurcation in arbitration proceedings, there are many arguments against the bifurcation of most arbitral proceedings. Bifurcation refers to the separation of issues, typically dividing the proceedings into jurisdictional or procedural phases and the merits phase, or merits and quantum phases, allowing the arbitral tribunal to address and decide on specific […]