In contrast to domestic judicial settings, where counsel adhere to a single set of clearly defined rules governing acceptable ethical conduct, for counsel in international arbitration, the situation is less straightforward. The conduct of party representatives in international arbitration may be governed by a variety of diverse and potentially conflicting rules and norms, and it […]
Fraudulent Arbitrations: A Few Bad Apples?
Arbitration offers parties a flexible, efficient and confidential alternative to traditional litigation for resolving disputes. However, under certain circumstances, these positive aspects of arbitration can be manipulated to nefarious ends. When arbitrations go rogue, it’s less “courtroom drama” and more “crime thriller”. The following three cases of fraudulent arbitrations serve as illustrations of how both […]
Fixed Deadlines in Arbitration Agreements: Pros and Cons
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, […]