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Journal articles on the topic 'Impartial arbitrator'

Author: Grafiati

Published: 30 May 2022

Last updated: 31 July 2025

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1

Ferrario, Pietro. "Challenge to Arbitrators: Where a Counsel and an Arbitrator Share the Same Office—The Italian Perspective." Journal of International Arbitration 27, Issue 4 (2010): 421–26. http://dx.doi.org/10.54648/joia2010023.

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Arbitrators have the duty to be and remain impartial and independent of the parties. Impartiality requires that an arbitrator neither favors one party nor is predisposed as to the question in dispute. Independence requires that there should be no actual or past dependent relationship with the parties that may, or at least may appear to, affect the arbitrator’s freedom of judgment. However, it is not just the linking of arbitrators to any of the parties that can undermine their impartiality and independence, but also a link to one of the parties’ counsels. In particular, this article deals, fro

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2

Nguyen, Anh Thuy Dung. "Standards of independence and impartiality in the context of international commercial arbitration." Ministry of Science and Technology, Vietnam 65, no. 2 (2023): 85–92. http://dx.doi.org/10.31276/vmostjossh.65(2).85-92.

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In this day and age, international commercial arbitration is widely regarded as an effective alternative dispute resolution mechanism, voluntarily chosen by a majority of parties. However, a pertinent question arises: why do an increasing number of international businesses prefer international commercial arbitration over national courts to resolve commercial cases? Apart from the efficiency and convenience that international arbitration provides, the arbitrator's professional ethics play a crucial role in maintaining the credibility and legitimacy of the process. Therefore, to bolster parties'

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O. Adeleye, Peace, and Daze C. Nga. "The English Supreme Court’s Decision in Halliburton V. Chubb: An Examination of the Issues Arising from Arbitrators’ Acceptance of Multiple Appointments in Related Arbitrations and Arbitrator’s Duty to Disclose." Arbitration: The International Journal of Arbitration, Mediation and Dispute Management 88, Issue 1 (2022): 201–18. http://dx.doi.org/10.54648/amdm2022012.

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Independence, impartiality, and the existence of an environment devoid of bias are key elements that define the integrity of any dispute resolution process. The absence of these key elements in any dispute resolution process cast doubt on due process notwithstanding the formality adopted in such process. Like every dispute resolution process, it is an ideal and a requirement in the arbitral process for every arbitrator to be impartial and independent. Arbitrators are obliged to disclose circumstances that may cast doubt on their impartiality upon acceptance of the arbitration and during the ar

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Konstantinidi, Marina-Elissavet. "Beyond Cognition: Are Party-Appointed Arbitrators Truly Impartial?" International Investment Law Journal 4, no. 2 (2024): 154–64. http://dx.doi.org/10.62768/iilj/2024/4/2/03.

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The present paper examines the principle of impartiality and its significance in the context of party-appointed arbitrators in international investment and commercial arbitration. It reflects on how cognitive biases influence decision-making in arbitral disputes and how such biases can be mitigated to enhance the credibility and fairness of international dispute resolution procedures. Arbitration is a common mechanism for resolving disputes in international investment law, with parties often appointing tribunal members. However, the impartiality of these arbitrators is frequently questioned. C

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Schwing, Mel Andrew. "Don’t rage against the machine: why AI may be the cure for the ‘moral hazard’ of party appointments." Arbitration International 36, no. 4 (2020): 491–507. http://dx.doi.org/10.1093/arbint/aiaa033.

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Abstract In 2010, Jan Paulsson decried the use of party-appointed arbitrators in international arbitration as a ‘moral hazard' that threatened the legitimacy of arbitration as an impartial method of dispute resolution. He suggested a series of reforms, most notably allowing arbitral institutions to make all arbitrator appointments. Over the past decade, commentators have debated Paulsson's arguments and whether arbitrators should be chosen by parties or arbitral institutions, relying on an assumption that those two methods are the only ways by which arbitrators can be selected. This essay demo

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Angoura, Stavroula. "ArbitratorS Impartiality Under Article V(1)(D) Of The New York Convention." Asian International Arbitration Journal 15, Issue 1 (2019): 29–41. http://dx.doi.org/10.54648/aiaj2019002.

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An arbitrator’s lack of impartiality provides grounds for non-recognition of a foreign or non-domestic arbitral award under Article V(1)(d) of the New York Convention where the parties’ agreement or the law of the arbitral seat required impartial arbitrators. This contribution examines the structure and content of Article V(1) (d) of the New York Convention through the lens of arbitrator’s alleged bias. In the vast majority of such cases, courts have rejected objections to recognition under Article V(1)(d), including on grounds of waiver. Complaints about the qualification of an arbitrator’s i

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Hadi Zulkarnain. "Sociological Jurisprudence as the Basis for Online Arbitration in Non-Litigation Alternative Dispute Resolution in Medical Dispute Cases." International Journal of Sociology and Law 1, no. 4 (2024): 154–64. http://dx.doi.org/10.62951/ijsl.v1i4.181.

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This study explores the application of sociological jurisprudence in online arbitration as a non-litigation alternative for resolving medical disputes in Indonesia. Sociological jurisprudence integrates the law with the social dynamics of society, which in the Indonesian context is reflected in the culture of consensus decision-making. Online arbitration utilizes technology to facilitate efficient and fair dispute resolution. This study proposes that the principle of consensus, in line with the Fourth Principle of Pancasila, can be implemented in online arbitration to achieve win-win solutions

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Mukherjee, Swapnil, Dr Malay Adhikari, and Dr. Nirupama. "The Role of Institutional Arbitration in Resolving Disputes Among Students, Faculty, and Management in Universities: An Empirical and Analytical Legal Study in West Bengal." International Journal of All Research Education & Scientific Methods 13, no. 05 (2025): 3574–83. https://doi.org/10.56025/ijaresm.2025.1306253574.

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Institutional arbitration is a way by which to resolve disputes, including in education. This research looks into how arbitration solves conflicts involving students, faculty, and management in state universities in West Bengal. Their own Acts allowed many universities to set up arbitration systems. These are the systems which handle the internal issues. However, actual use and understanding for these systems are still not well studied. This research seeks to determine people's knowledge of these systems and their usage frequency. The study does also consider just how effective they may be for

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Dąbrowski, Marcin. "Gwarant czy arbiter? Rola Prezydenta Rzeczypospolitej Polskiej w świetle art. 126 ust. 1 Konstytucji Rzeczypospolitej Polskiej." Przegląd Prawa Konstytucyjnego 68, no. 4 (2022): 27–40. http://dx.doi.org/10.15804/ppk.2022.04.02.

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The author of the study claims that assigning the role of an arbitrator to the President of the Republic of Poland is incorrect. It is a misleading reference to the constitutional position of the President of the Fifth French Republic, who vests much stronger power. It deprives the function of the guarantor of the continuity of power, referred to in Art. 126 (1) of the Constitution of the Republic of Poland, of its content and systemic significance. The President of the Republic is not impartial and apolitical and takes part in the implementation of state policy. These features prevent him fro

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Omar Nayed, Murad Idris. "Standards of Distinctions between National and Foreign Arbitral Awards: A Discussion in The Light of Libyan Current Legislation." South Asian Journal of Social Sciences and Humanities 4, no. 3 (2023): 69–76. http://dx.doi.org/10.48165/sajssh.2023.4306.

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Arbitration is a legal process in which disputes between two or more parties are resolved by an impartial third party, known as an arbitrator, rather than by a court of law. In the context of this article, the legal approaches distinguishing between domestic and foreign arbitral award are very important and they differ from one arbitration law to another. By using doctrinal legal research methodology, this article aims to examine the legal approaches distinguishing between domestic and foreign arbitral awards in the context of Libya. Both primary and secondary sources are used and then analyse

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11

Gonzalez, Andrea Maria, and Aldina Sakhi. "The Multi-party Interim Appeal Arbitration Arrangement: An Update." Global Trade and Customs Journal 17, Issue 10 (2022): 436–40. http://dx.doi.org/10.54648/gtcj2022062.

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The World Trade Organization’s Appellate Body (AB) continues to face an existential and operational crisis. Since 2017, the United States has blocked the selection of replacements for retiring AB members. As a result, the Appellate Body no longer has any active members and, therefore, cannot function. In March 2020, a group of 16 WTO members, including the European Union, promoted an initiative to establish a ‘multi-party interim appeal arrangement’ (MPIA), as an alternative to AB proceedings pending a resolution of the AB impasse. The arrangement is intended to allow disputes to be resolved f

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12

Mayerfeld, Jamie. "No peace without injustice: Hobbes and Locke on the ethics of peacemaking." International Theory 4, no. 2 (2012): 269–99. http://dx.doi.org/10.1017/s1752971912000073.

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Is the demand for justice likelier to cause or to prevent war? Hobbes expresses sympathy for the former view and Locke for the latter. However, they both reason their way toward an intermediate position, symbolized by the impartial judge in Locke's theory and the arbitrator in Hobbes's theory. Peace is possible when we create a process that resolves disputes according to widely intuitive principles of equality and reciprocity. This requires, however, that we refrain from imposing our particular interpretations of justice, and that we tolerate the possibility of unjust outcomes. Hobbes and Lock

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13

Miglionico, Andrea, and Francesco Capriglione. "The Italian Banking and Financial Arbitrator between iurisdictio and Strengthening of the Supervisory Function." European Business Law Review 23, Issue 3 (2012): 333–46. http://dx.doi.org/10.54648/eulr2012019.

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Starting out from the current crisis which has affected the intermediaries-clients relationship and caused a massive litigation in the banking and financial sector, particularly in the Italian judicial system, this paper sets out to examine the normative framework of the Banking and Financial Arbitrator (A.B.F.). Specifically, the A.B.F. should pursue the aims of fair and impartial dispute resolution in line with the judicial character ascribable to decision-making by that body. However, the Bank of Italy is given the task of defining the composition and organisation of the organs of the Banki

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Roclawska, Monika, and Adam Bulat. "Towards an American Model of Criminal Process: The Reform of the Polish Code of Criminal Procedure." Baltic Journal of Law & Politics 7, no. 1 (2014): 1–11. http://dx.doi.org/10.2478/bjlp-2014-0001.

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Abstract In September 2013, the Polish Parliament passed an amendment to the Code of Criminal Procedure. The legislators decided to expand a number of adversarial elements present in current Polish criminal proceedings. When these changes come into effect (July 1, 2015), Polish criminal procedure will be similar to American regulations, in which the judge’s role is to be an impartial arbitrator, not an investigator. The authors of the article describe the meaning of the principle of adversarial trial in Poland. They also emphasized relations between this principle and the concept of “material

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15

Devkota, Sanad. "Viewpoint of the Supreme Court of Nepal on the Arbitration Process in the Light of Party Autonomy." Tribhuvan University Journal 35, no. 2 (2020): 47–58. http://dx.doi.org/10.3126/tuj.v35i2.36189.

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Arbitration is a contract-based form of binding dispute resolution. In other words, a party’s right to refer a dispute to arbitration depends on the existence of an agreement between them and the other parties to the dispute that the dispute may be referred to arbitration. Arbitration is a private process where disputing parties agree that one or several individuals can make a decision about the dispute after receiving evidence and hearing arguments. The arbitration process is similar to a trial in that the parties make opening statements and present evidence to the arbitrator. Conflicts have

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16

Schropp, Simon, and Alexander Keck. "Indisputably Essential: The Economics of Dispute Settlement Institutions in Trade Agreements." Journal of World Trade 42, Issue 5 (2008): 785–812. http://dx.doi.org/10.54648/trad2008032.

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Trade scholars have made considerable progress in explaining why sovereign countries cooperate in trade,but have difficulties in explaining why countries settle and enforce trade disputes with the help of an impartial third party, a ‘trade court’. In the relevant models, typically, the very reasons why institutions are needed are assumed away. We identify and successively relax the implicit set of rigid assumptions underlying these models. We show that theories of (self–) enforcement, besides enforcement capacity, must also consider questions of ‘enforceability’ (observability, verifiability a

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17

Abidin, Zainal, Zul Akli, and Johari J. "Perlindungan Hukum Terhadap Masyarakat yang Terpapar Limbah B3." REUSAM: Jurnal Ilmu Hukum 8, no. 2 (2021): 28. http://dx.doi.org/10.29103/reusam.v8i2.3660.

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This research examines the legal protection of people who are victims of the B3 madical waste. This research is a qualitative research with literature study. The main sources in this research are written sources in the form of books, research results, and laws which related to the issue. The results showed that the law provides protection to people who are exposed to the B3 madical waste, both criminal and civil law. When a dispute happening between the community and the company, the solution can be done in two ways, litigation and non-litigation. Settlement of environmental disputes through c

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18

Putintsev, I. "Politization of the Constitutional Court as a Factor that Influences the Struggle for Power in Moldova." Russia and New States of Eurasia, no. 3 (2024): 72–90. http://dx.doi.org/10.20542/2073-4786-2024-3-72-90.

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Moldova saw intense political struggle in the last decades. Many times it led to a power change. Researchers focus primarily on the main actors: the Parliament, the President, the Government, the parties. This article examines another principal subject that is the Constitutional Court (CC). This body was supposed to be an impartial arbitrator that resolves conflicts between different institutions, but in practice it has significantly exceeded its power limits designed by the authors of the Moldova’s constitution. The influence on the СС has become one of the main trump cards in the struggle fo

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19

Chand, Daniel E. "Protecting Agency Judges in an Age of Politicization: Evaluating Judicial Independence and Decisional Confidence in Administrative Adjudications." American Review of Public Administration 49, no. 4 (2019): 395–410. http://dx.doi.org/10.1177/0275074019829608.

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Administrative judges, who serve in state and federal agencies, as opposed to a separate branch of government, are an understudied, and occasionally controversial, type of public administrator. Many who find themselves in administrative courts protest the agency judge’s lack of independence. According to critics, because agency judges are members of—and often evaluated by—the very agency with a vested interest in the case, they are subject to political influence and cannot possibly be an impartial arbitrator. In the United States, various approaches to addressing this concern have been employe

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20

Winstanley, Adrian. "Who Should Rule on Challenges of Arbitrators?" BCDR International Arbitration Review 7, Issue 2 (2020): 263–84. http://dx.doi.org/10.54648/bcdr2020012.

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Arbitral institutions around the world are administering thousands of commercial arbitrations every year. Many more are proceeding ad hoc. Whilst the great majority of the arbitrators appointed to sit in these arbitrations will conduct the proceedings impartially, there will inevitably be occasions on which a party may allege bias or a lack of independence. Whether or not such allegations are well founded, parties who have entrusted the determination of their disputes to arbitration must have recourse to a body that is, itself, impartial and independent, and in which the parties may have confi

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21

Petrakova, S. A. "Evolution of the adversary (on the example of criminal proceedings)." Institute Bulletin: Crime, Punishment, Correction 13, no. 2 (2019): 222–28. http://dx.doi.org/10.46741/2076-4162-2019-13-2-222-228.

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Adversary in juridical science cannot be considered separately from the judicial system, because the changes that took place in the judicial process had an irreversible impact on the evolution of adversarial proceedings. This provision is proved in legal practice. The evolution of competition in criminal proceedings is investigated in chronological order, in historical retrospect. At the beginning of statehood when democratic principles prevailed in society, trials were based on adversarial principles, the court played the role of an impartial arbitrator, and the outcome of the case was determ

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Murshid, Tazeen M. "Managing Political Violence." Journal of Bangladesh Studies 18, no. 1-2 (2016): 13–23. https://doi.org/10.1163/27715086-0180102003.

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The right to freedom from violence is a human right. All violence is political in that violence is both the cause and result of unequal power relations; i.e., the stronger violates the weaker. Certain forms of political violence are linked directly to the political process such as the transfer of power, elections and political participation. Conflict arises when there is resistance to powerful groups who seem to unfairly manipulate the political system to capture and hold on to power. The inability of the state to mediate between competing interests as an impartial arbitrator can create a vacu

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23

Aljaber, Maher J., Murad M. Al-Shnaikat, and Asma M. Al-Raqqad. "The Judicial Control Enforced over the Formation of the Arbitration Body in Pursuant to the Jordanian Arbitration Law." Journal of Politics and Law 13, no. 2 (2020): 250. http://dx.doi.org/10.5539/jpl.v13n2p250.

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Nowadays, arbitration has been receiving much attention. Such attention can be manifested through enacting national legislations and international agreements to regulate it. Such legislations and agreements address the way of choosing arbitrators and the conditions of obtaining membership in the arbitration body. The judicial control is enforced on the arbitration process, because the judiciary is considered the one that has jurisdiction over the settlement of disputes. Such control is enforced to ensure that the arbitral awards are unbiased and impartial. It&rsquo;s enforced to reach a so

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Hwang, Kyung-Jin, and Kan Wang. "Labour dispute arbitration in China: perspectives of the arbitrators." Employee Relations 37, no. 5 (2015): 582–603. http://dx.doi.org/10.1108/er-12-2014-0148.

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Purpose – The purpose of this paper is to explore China’s labour dispute arbitration system reform through analysing the degree to which it has attained its stated objectives – notably, independence, justice, efficiency and professionalism – from the perspectives of the arbitrators, previously ignored in research on China. Design/methodology/approach – This paper used a mixed research method using questionnaires and interviews. Questionnaires were sent to all full-time labour dispute arbitrators in Beijing, China with a useable response rate of 71 per cent. Additionally, qualitative semi-struc

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Markham, Michelle. "Mandatory binding tax arbitration—is this a pathway to a more efficient Mutual Agreement Procedure?" Arbitration International 35, no. 2 (2015): 149–70. http://dx.doi.org/10.1093/arbint/aiv070.

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Abstract The Organisation for Economic Cooperation and Development (OECD) has recently been exploring ways to improve dispute resolution mechanisms in the realm of international tax, notably through the use of binding mandatory arbitration as part of the Mutual Agreement Procedure (MAP) Article in Double Tax Agreements. This article seeks to examine whether binding mandatory arbitration would provide an effective mechanism for resolving international tax disputes. It investigates policy concerns with mandatory arbitration, especially sovereignty issues, access to mandatory arbitration and its

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Landi, Niccolò, and John Beechey. "The Question of Systematic Appointments of Given Individuals by Investors or Respondent State Parties in Investment Arbitration." BCDR International Arbitration Review 7, Issue 2 (2020): 409–28. http://dx.doi.org/10.54648/bcdr2020020.

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The question of systematic appointments in investment arbitration remains a sensitive issue given the significance of the decisions made by tribunals seized of investment disputes. This article seeks to address the considerable body of criticism, some of it ill-informed, of the appointment process in investment arbitration and of systematic appointments in particular. First, the article places such appointments within the existing quantitative framework, noting that repeat appointments, of themselves, have been found insufficient to warrant an arbitrator’s removal. The article then explores th

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Álvarez Zárate, José Manuel. "Nineteenth Century Arbitrators’ Powers—Has There Been Any Progress to Date?" Law & Practice of International Courts and Tribunals 17, no. 1 (2018): 217–35. http://dx.doi.org/10.1163/15718034-12341377.

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Abstract Investment arbitrators’ authority has been a focus of attention today, e.g. regarding the extent of their powers to interpret and apply the law, to conduct arbitral proceedings, to dissent from their fellow co-arbitrators, and with regard to their duty to be impartial and independent. Two hundred years ago, practitioners, arbitrators and states confronted similar challenges, and through legal doctrines, treaties and practices a path was laid out for future generations of practitioners and arbitrators, where clear legal lines were drawn to distinguish between arbitrators’ procedural an

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Berger, Bernhard. "Rights and Obligations of Arbitrators in the Deliberations." ASA Bulletin 31, Issue 2 (2013): 244–61. http://dx.doi.org/10.54648/asab2013029.

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The ASA Swiss Arbitration Association's Annual Conference of 1 February 2013 in Zurich was devoted to the topic: "Inside the Black Box - How Arbitral Tribunals Operate and Reach their Decisions". This article derives from an introductory presentation that the author held at the said Conference. It analyses the legal framework of the deliberations. The author identifies and discusses a number of rights and duties of arbitrators that specifically arise at the stage of the deliberations, such as determining the process and timing of the deliberations, the right (and obligation) to participate in

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Quick, Reinhard. "Why TTIP Should Have an Investment Chapter Including ISDS." Journal of World Trade 49, Issue 2 (2015): 199–209. http://dx.doi.org/10.54648/trad2015008.

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TTIP provides for a unique opportunity to introduce procedural and substantive reforms for Investor-State Dispute Settlement (ISDS). The EU and the US can define a modern investment chapter protecting foreign direct investment against unjustifiable interferences by the host state whilst ensuring the sovereign right of the state to regulate. TTIP should create a system of binding international arbitration with a transparent system of adjudication made by impartial arbitrators and guaranteed by an appellate review conducted by independent 'judges'. Such an agreement would function as a catalyst

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Shchyhol, O. V. "COLLECTING COPIES OF DOCUMENTS BY VICTIM DURING CRIMINAL PROCEEDINGS: PROBLEMATIC ISSUES." Herald of criminal justice, no. 3-4 (2020): 178–87. http://dx.doi.org/10.17721/2413-5372.2020.3-4/178-187.

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Collecting evidence, as one of the elements of criminal procedural proving, is the driving force for a complete and comprehensive determination of criminal proceeding circumstances and achievement of its objectives. Based on the obtained evidence, subjects of proof form and defend their legal positions, provide certain arguments, counterarguments and objections. In this way they realise their rights and interests in criminal proceedings, and achieve their intended procedural purposes. In the meantime, the court, as an independent and impartial arbitrator, also takes procedural decisions in acc

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Lenten, Liam J. A., Paul Crosby, and Jordi McKenzie. "Sentiment and bias in performance evaluation by impartial arbitrators." Economic Modelling 76 (January 2019): 128–34. http://dx.doi.org/10.1016/j.econmod.2018.07.026.

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Chinnasamy, Sathiyaraj, M. Ramachandran, and Sowmiya Soundharaj. "Exploring Various International Law and Its Classification." Recent Trends in Law and Policy Making 7, no. 1 (2022): 13–19. http://dx.doi.org/10.46632/rlpm/1/1/3.

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Law, morality and profession relate to the customs, practices and rules of conduct of a society which are recognized as regulated by the society. Enforcement of Rules by Regulatory Authority. Law is an instrument that regulates human behavior. Laws provide the framework and rules for settling disputes between individuals. Laws create a system where individuals can bring their disputes to an impartial fact finder such as a judge or arbitrator. We have laws to provide our common security. These include local, state and national laws and food safety laws. In this presentation, we will examine fou

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Rantsane, Ditaba Petrus. "The Origin of Arbitration Law in South Africa." Potchefstroom Electronic Law Journal 23 (November 3, 2020): 1–27. http://dx.doi.org/10.17159/1727-3781/2020/v23i0a8963.

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This article seeks to trace the historical origin of arbitration as it is currently practised in South Africa. The resort to alternative dispute resolution methods has existed since time immemorial. The practice of arbitration was identified in the Bible when it was practised by King Solomon. South African traditional communities practised arbitration before the arrival of Western nations in South Africa, who brought with them their norms and practices. The community entrusted the responsibility of resolving disputes amicably to the headman, the Chief or the King. The practice of traditional a

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Florescu, Cristina. "Arbitral Tribunal Power to Disqualify Unethical Counsel." Journal of Economic Development, Environment and People 4, no. 4 (2015): 15. http://dx.doi.org/10.26458/jedep.v4i4.125.

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In specific matters of conflicts of interest ethical issues in connection with the parties' legal representatives could occur in the course of arbitration proceedings. The purpose of this paper is to identify and investigate the current status of the arbitral tribunals and arbitral institutions power to sanction counsel’s misconduct in the event of conflicts of interest. Parties have a fundamental right to choose the counsel and in the same time the right to an independent and impartial tribunal, therefore the source of the arbitral tribunal power to disqualify a counsel is a hot topic. There

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Ochirova, Saglar, and Vladislav Starzhenetskiy. "The impact of sanctions on the resolution of international business disputes: maintaining the status quo or looking for alternative jurisdictions?" Meždunarodnoe pravosudie 10, no. 4 (2020): 144–67. http://dx.doi.org/10.21128/2226-2059-2020-4-144-167.

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The negative impact of the economic sanctions is not limited to the sphere of substantive law; it also extends to issues related to dispute resolution. Trying to achieve a fair resolution of disputes sanctioned persons may face many obstacles literally at every stage of the proceedings, starting with problems related to payment of arbitration fees, searching for counsels and arbitrators who are often reluctant to taking corresponding sanctions risks, and ending with the stage of enforcement of a judgment or an arbitral award. Under these conditions, the conduct of court or arbitration proceedi

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Tiantian, He. "Commentary on Award on Jurisdiction and Admissibility of the Philippines-instituted Arbitration under Annex vii to the unclos: A Discussion on Fact-Finding and Evidence." Chinese Journal of Global Governance 2, no. 1 (2016): 96–128. http://dx.doi.org/10.1163/23525207-12340017.

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The Arbitral Tribunal in the arbitration instituted by the Philippines against China has issued its Award on Jurisdiction and Admissibility. Juridical practices have something in common. The arbitral proceedings generally comprise two indispensable stages: findings of fact and application of law. The production, collection, and evaluation of evidence serve a particular purpose: they are meant to enable the adjudicative body to find facts. Thus, evidence is meant to prove or disprove facts. This review paper aims to discuss evidence and fact-finding process in the Award. As a general rule, inte

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Totti Silva Castelo Branco, Aristhéa, Boni de Moraes Soares, and Cristiane Cardoso Avolio Gomes. "A responsabilidade das instituições arbitrais de dar publicidade à arbitragem público-privada." Revista Brasileira de Alternative Dispute Resolution 3, no. 5 (2021): 33–59. http://dx.doi.org/10.52028/rbadr.v3i5.2.

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Who is responsible for providing transparency to arbitration involving public entities? The practice of the main foreign arbitral institutions shows that for more than 50 years they have gradually assumed this responsibility, although they still give different levels of transparency to the procedural acts of public-private arbitration. This is because the jurisdictional nature of the arbitration reveals that transparency can only be provided by those to whom impartiality and – ideally – also institutionality is granted, similarly to the transparency of judicial acts, as determined by the Const

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Rachkov, Ilya, and Elizaveta Rachkova. "Guyana vs. Venezuela: how the past prevents us from living in the present: Instead of a foreword." Meždunarodnoe pravosudie 12, no. 1 (2022): 113–21. https://doi.org/10.21128/2226-2059-2022-1-113-121.

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For the first time, the article publishes an excerpt from the diaries of Fyodor Fyodorovich Martens (15 August 1845 — 9 June 1909), an outstanding Russian international lawyer, whose memory is still honored by many states and international organizations. The excerpt contains Martens’ memoirs of the arbitration of a dispute between Great Britain and Venezuela in 1899. The dispute concerned the territorial delimitation between Venezuela and British Guiana (now Guyana). Although in 1899 this dispute was decided by a unanimous award of five arbitrators, its consequences still have repercussions, a

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Waincymer, J. "Reconciling Conflicting Rights in International Arbitration: The Right to Choice of Counsel and the Right to an Independent and Impartial Tribunal." Arbitration International 26, no. 4 (2010): 597–624. http://dx.doi.org/10.1093/arbitration/26.4.597.

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Монастырский, Ю. Э. "Арбитраж как место конкуренции национальных юрисдикций." СОВРЕМЕННОЕ ПРАВО, № 12 (28 грудня 2023): 93–105. https://doi.org/10.25799/ni.2023.20.35.017.

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В статье раскрывается содержание двух концепций и понятия «место арбитража», сложившихся в ходе усилий западного инвестиционного сообщества в продвижении идей «беспристрастного» международного арбитража, дающего юридическую защиту их заграничным операциям и проектам. Устанавливается смысл российских законодательных формул в этом вопросе. In this article the author reveals the meaning of two “place of arbitration” concepts, having been formed in the course of vesting business community efforts to push forward the idea of “impartial” international arbitration as legal tool and protection of the

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Bakhromova, Mokhinur. "ISSUES OF LEGAL REGULATION OF ONLINE DISPUTES IN DIGITAL ARBITRATION." Jurisprudence 2, no. 4 (2022): 63–70. http://dx.doi.org/10.51788/tsul.jurisprudence.2.4./amci6109.

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Digital arbitration is an alternative dispute resolution mechanism, which is mainly implemented through the use of electronic means of communication. Digital arbitration has some advantages compared to traditional arbitration jurisdictions and other ADRs, as it is a fast, cost-effective, and efficient method of dispute resolution. Digital dispute resolution can be an ideal tool for resolving disputes arising from B2B e-commerce transactions, as it provides disputants with a time- and money-saving procedure that can be done without their physical presence and an impartial expert on the subject

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Hasnain Hyder Shah, Rehana Anjum, and Arun Barkat. "The Rise of Artificial Intelligence in Alternative Dispute Resolution: Ai’s Role in Democratizing Access to Equitable Justice." ACADEMIA International Journal for Social Sciences 4, no. 1 (2025): 813–24. https://doi.org/10.63056/acad.004.01.0134.

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This article posits that the developing regulatory and governance framework surrounding artificial intelligence (AI) will greatly influence the field of alternative dispute resolution (ADR). Integrating artificial intelligence (AI) into alternative dispute resolution (ADR) methods heralds a transformation in our approach to achieving equitable and impartial justice. The article discusses AI's role in moulding ADR and potential future applications of AI in ADR. Furthermore, the paper examines the role of AI in assisting arbitrators during ADR cases and assesses the potential for AI to handle le

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Emmanuel Chidi, Ibekwe,. "Labour and Arbitration Act in the 21st Century: Protecting and Promoting Freedom of Workers." African Journal of Culture, History, Religion and Traditions 8, no. 1 (2025): 38–48. https://doi.org/10.52589/ajchrt-kmeh9kdt.

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This paper explores the Labour and Arbitration Act's role in protecting and promoting workers' rights in the 21st century, considering economic shifts, technological advancements, and evolving employment patterns. It examines the effectiveness of arbitration as an alternative dispute resolution (ADR) mechanism within the context of employment relations, focusing on its potential to balance power between employers and workers. Employing a mixed-methods approach that includes statutory analysis, case studies, and qualitative interviews with legal experts and trade union representatives, the pape

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Baig, Khurram, Shahzada Aamir Mushtaq, and Waheed uz Zaman. "Arbitration Agreement as a Pillar of Recognition and Enforcement of Foreign Commercial Arbitral Awards: An Exploratory Study of Pakistan and the UK." Journal of Law & Social Studies 6, no. 1 (2024): 17–27. https://doi.org/10.52279/jlss.06.01.1727.

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The study examined features of international arbitration agreements including enforcement and related legal systems in Pakistan and the United Kingdom (UK). The study covered significant subjects such party autonomy, enforcement of arbitration agreements and the influence of court rulings on international arbitration. The study emphasized the significant function of arbitration agreements in settling disputes that span international borders, enhancing effectiveness and safeguarding party independence. Pakistan and the UK both have legal frameworks that support arbitration and the enforcement o

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Sleiman, Salim S., and Adrian Winstanley. "Sports Arbitration – Origins, Developments and the BCDR Rules." BCDR International Arbitration Review 9, Issue 1 (2022): 5–34. http://dx.doi.org/10.54648/bcdr2022014.

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In 2022, the Bahrain Chamber for Dispute Resolution (BCDR or the Chamber) introduced rules specifically tailored to the needs of sports arbitration in the region. This article will present an overview of these rules, highlighting how they seek to guarantee a cost-effective, independent, and impartial forum to resolve sports disputes. To better understand these rules, the article will first review sports governance and sports dispute resolution, in general and in Bahrain, and explore the critical importance of independent dispute resolution in sports-related matters.

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Ortner, Helmut, and Martin Hackl. "Rule of Law and International Commercial Arbitration." Zeitschrift für europarechtliche Studien 27, no. 4 (2024): 486–516. https://doi.org/10.5771/1435-439x-2024-4-486.

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This article explores how the rule of law is secured and strengthened in international commercial arbitration. It first focusses on the archetypical paradigm of the rule of law in state courts, discussing key principles such as access to justice, independent and impartial decision-making, equal treatment of parties, the right to be heard, and public trials. These principles ensure fairness, transparency, and public confidence in the judicial system. The article then examines whether international commercial arbitration meets these core requirements. It concludes that arbitration adequately pro

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van Zelst, Bas. "Unilateral Option Arbitration clauses: An unequivocal choice for arbitration under the ECHR?" Maastricht Journal of European and Comparative Law 25, no. 1 (2018): 77–86. http://dx.doi.org/10.1177/1023263x18755968.

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Unilateral option arbitration clauses (UAC) are clauses under which the parties bound by it are restricted to bringing proceedings in a particular jurisdiction, while at the same time providing one or more parties the option to elect that a dispute be referred to arbitration. The latter right is unilateral in that it may only be invoked by the beneficiary party or parties that are designated in the UAC. This article submits that the concept of a UAC is compliant with the European Convention on Human Rights (ECHR). More particularly it argues that UACs meet the requirements – developed through

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Wagner, Jan. "Wyrok Europejskiego Trybunału Praw Człowieka z 2 października 2018 r. w sprawie Mutu i Pechstein przeciwko Szwajcarii, skargi nr 40575/10 i 67474/10." Przegląd Konstytucyjny 2024, no. 2 (2024): 141. https://doi.org/10.4467/25442031pko.24.013.20429.

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The translated judgment of the European Court of Human Rights (ECtHR) was issued in a case in which the applicants alleged a violation of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms due to the lack of independence and impartiality of the Court of Arbitration for Sport (CAS). CAS is the most important body resolving disputes in the world of sports. It proves the ECtHR’s favourable attitude towards the institution of arbitration. The Strasbourg Court recognized CAS as an independent and impartial court established by law within the meaning of Article 6

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Valones, Atty Genald Malvas, Daniel Krisnugrahanto, and Malik Al Farabi. "Business Dispute Resolution: Insight from Indonesia and Saudi Arabia." Journal of Private and Commercial Law 7, no. 1 (2023): 129–46. http://dx.doi.org/10.15294/jpcl.v7i1.30295.

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In legal disputes, the crucial aspect lies in the execution of a decision. A decision holds no value if it cannot be effectively enforced, even if it possesses permanent legal force. To settle civil cases, two prominent institutions are employed: the court and arbitration. In the context of international business agreements, parties turn to international arbitration as a means of resolving disputes, employing neutral third parties. This paper delves into the process of international arbitration, particularly focusing on its application within the business sector. Various arbitration clauses in

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Jaodun, Muntasir, and Khawla Bouafia. "Analysis and Evaluation of a Blockchain-Based Framework for Decentralized Rental Agreements and Dispute Resolution." Blockchains 3, no. 2 (2025): 8. https://doi.org/10.3390/blockchains3020008.

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Blockchain technology has evolved beyond financial transactions to revolutionize trust systems. This paper presents a blockchain-based model for decentralized rental agreements and dispute resolution (DRADR). By leveraging smart contracts and implementing two distinct arbitration approaches, our model offers flexible solutions for rental agreement automation, transparency enhancement, and impartial dispute resolution. Our study provides a comprehensive technical analysis of both approaches through theoretical frameworks, smart contract implementation, game-theoretic modeling, and comparative e

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