Enforcing standards on the independence and impartiality of arbitrators requires provisions allowing parties to challenge arbitrators. Traditionally, in jurisdictions that have based their provisions…
In the second half of 2020 there have been two heavily discussed challenges to arbitration awards stemming from an arbitrator’s nondisclosure. The more recent, OOGC America, L.L.C. v. Chesapeake…
The strength of any dispute settlement mechanism will depend upon its consistency with the requirements of independence and impartiality. Disclosures made by adjudicators prior to adjudicating a…
On May 1, 2020, the Secretariats of ICSID and UNCITRAL released the first draft of the Code of Conduct for Adjudicators in Investor-State Dispute Settlement (ISDS). I had the privilege of working…
The findings of the recent decision Ali Riza et al. v. Turkey ("Riza") of the European Court of Human Rights ("ECtHR") dated 28 January 2020, when read in conjunction with the ECtHR’s previous…
Although some might have considered 2019 a bit “lackluster”, a number of noteworthy decisions by the Paris Court of Appeal and French Supreme Court have come to refine on the now well-established…
Like virtually all arbitration laws, the Austrian Arbitration Act is silent on whether the lack of impartiality and independence of an arbitrator may be invoked for the first time in setting aside…
Recent legislative developments have shown that Georgia strives to become a hub for dispute resolution in the Caucasus region. The legislative framework on commercial arbitration is now fully…
This is the 2nd part of the report highlighting the most significant arbitration related decisions of the Swiss Federal Supreme Court (the "Supreme Court") issued in 2019.
Ne Eat Arbiter Extra…
