Analysis and Opinions
Evolving Standards of Disclosure for Conflicts of Interest in Arbitrations
As arbitration has become more and more popular for dispute resolution, it should not come as a surprise that there ...
Is Arbitration Biased Against Emerging Markets? Exploring the Impartiality of International Dispute Resolution
Arbitration, as a form of dispute resolution outside the traditional court system, is often chosen for its efficiency, expertise, and ...
Arbitrators Failing to Disclose Relationships: Ethical Dilemmas in AAA-ICDR Disputes
Arbitration as a method of dispute resolution is often chosen for its promise of neutrality, expediency, and confidentiality. However, recent ...
Backlash in Investment Arbitration: Examining Recent Developments and Implications
The backlash against investment arbitration is a phenomenon where States express their dissatisfaction and disillusionment with the investor-State dispute settlement (ISDS) system. ...
Marc Goldstein and the Problem of the ‘Sua Sponte’ Arbitrator
Every once in a while, an arbitration takes on a life of its own, where the panelists of a tribunal ...
Is Forced Arbitration Biased against Minorities and Women?
The composition of arbitrators in the United States reveals a notable lack of diversity, with a significant majority being Caucasian ...
International Commercial Arbitration vs. U.S. Commercial Litigation: An Analysis of Dispute Resolution Approaches
International Commercial Arbitration and U.S. Commercial Litigation represent two distinct approaches to resolving disputes arising from commercial transactions that cross national ...
The Evolving Standards for Evident Partiality in Arbitration
When considering the fairness and integrity of arbitration proceedings, the concept of evident partiality comes to the forefront. In scenarios where one of the decision-makers—a ...
Ethical Considerations in Arbitration
Arbitration stands as a widely used method for resolving disputes outside the courtroom, particularly in commercial and consumer settings. It ...
Drafting Effective Arbitration Clauses
In the realm of dispute resolution, arbitration stands out as an efficient alternative to court litigation. Crafting an arbitration clause ...