and Niyati Gandhi
A done to death topic in arbitration gatherings in emerging markets, particularly in India, is the debate about ad hoc versus institutional arbitration. The basic arguments in…
I. Power To Sanction
Courts generally enjoy power to enforce procedural rules and orders by various means, such as fines, adverse inferences, cost/fee awards, preclusion of evidence, and even default…
Introduction
Unable to make this year’s ASA Conference I accepted the invitation to submit a brief paper which I entitled: “Six Modest Proposals Before You Get to the Award”. A principal theme was…
by James Menz and Anya George, Schellenberg Wittmer
The (proper) use of administrative secretaries is a recurring topic in the arbitration community. The debate has flared up again in recent months,…
The Danish Institute of Arbitration (“DIA”) revised its rules effective May 1, 2013, an overhaul from the prior 2008 iteration of its rules that brings the DIA rules into line with those of leading…
Improving the search for information about arbitrators
Last week I received an invite to a summer gathering organized by English mediator, David Richbell. One of the events is “Speed dating: Senior…
The U.S. Federal Arbitration Act (FAA) provides that a federal district court may vacate an arbitration award, among other reasons, “where there was evident partiality or corruption in the…
A new study of dispute resolution practices in Fortune 1,000 corporations shows that many large companies are using binding arbitration less often and relying more on mediated negotiation and other…
Over the past decade, Africa has emerged as a leading center of economic growth. From mining and manufacturing, to banking and telecoms, nearly every industry is witnessing rapid expansion in Africa,…