Feed aggregator

Singapore High Court Confirms that a Multi-Tier Dispute Resolution Clause Constitutes a Single Arbitration Agreement - Lexology

Google International ADR News - Fri, 2018-08-31 08:21

Lexology

Singapore High Court Confirms that a Multi-Tier Dispute Resolution Clause Constitutes a Single Arbitration Agreement
Lexology
The Court also reaffirmed that the discretion to grant a stay under the Arbitration Act (“AA”) should be exercised in a guarded manner that does not diverge too widely from the approach under the International Arbitration Act (“IAA”), and a stay should ...

and more »

Lifetime Achievement: Robert E. Meadows, King & Spalding - Law.com

Google International ADR News - Fri, 2018-08-31 05:12

Law.com

Lifetime Achievement: Robert E. Meadows, King & Spalding
Law.com
... Trial and Global Disputes group, Meadows represents clients in litigation throughout the United States, including trials in state and federal courts, international and domestic arbitrations, summary jury trials and other forms of alternative ...

CEDR expands Commercial Mediation Panel - ResponseSource (press release)

Google International ADR News - Fri, 2018-08-31 05:01

ResponseSource (press release)

CEDR expands Commercial Mediation Panel
ResponseSource (press release)
CEDR operates the Court of Appeal's Mediation Service and is certified by the Chartered Trading Standards Institute under the European Union Directive on Consumer Alternative Dispute Resolution. CEDR is a leading negotiation and conflict management ...

The “Singapore Convention”: The way forward in international mediation? - Lexology

Google International ADR News - Fri, 2018-08-31 04:53

The “Singapore Convention”: The way forward in international mediation?
Lexology
Mediation is an established alternative dispute resolution mechanism, especially in the commercial sector. Compared with court or arbitration proceedings, mediation is often less formal, expensive and time-consuming. However, it currently suffers from ...

and more »

Labor promises to appoint second ATO commissioner to deal with small business disputes if elected - SmartCompany.com.au

Google International ADR News - Thu, 2018-08-30 20:19

SmartCompany.com.au

Labor promises to appoint second ATO commissioner to deal with small business disputes if elected
SmartCompany.com.au
The commissioner would also facilitate the use of alternative dispute resolution “throughout the compliance and dispute resolution process”. Labor would also seek to ensure the appeals division of the ATO would be independent when it comes to dispute ...

and more »

BARNES & THORNBURG LLP: Litigator Marlen Cortez Morris joins Barnes & Thornburg in Chicago - Cook County Record

Google International ADR News - Thu, 2018-08-30 18:21

Cook County Record

BARNES & THORNBURG LLP: Litigator Marlen Cortez Morris joins Barnes & Thornburg in Chicago
Cook County Record
Cortez Morris represents and advises clients on a wide range of franchise, labor and employment, and commercial litigation matters in courts and alternative dispute resolution venues, and before government agencies across the country. ... her law ...

Terms of Service - FOX Carolina

Google International ADR News - Thu, 2018-08-30 17:52

Terms of Service
FOX Carolina
International Users. The Services are controlled and offered by Meredith from its facilities in the United States of America. Meredith makes no representations that the Services are appropriate or available for use in other locations. Those who access ...

Help, I am About to be Dragged into a Construction Project!

Kluwer Arbitration Blog - Thu, 2018-08-30 17:38

Jorge Huerta-Goldman

This is one of the five construction arbitration posts, providing the technical discussion from the SCAI, CAM, TILPA conference in Geneva and Mexico City.  The authors include: Ms Almudena Otero De La Vega (on State enterprises) Ms Tanya Landon & Ms Azal Khan (on evidence), Dr Manuel Arrollo (on multiple procedures), Mr Serge Y. Bodart (on dispute boards and PPPs) and Dr Jorge Huerta-Goldman (on prevention to arbitration & state disputes).

In July 2018, tragically, the Chirajara bridge construction project in Colombia was demolished, following the partial collapse of the bridge at the final stage of its construction.1)Allegedly, the cause of the problem was an improper design. jQuery("#footnote_plugin_tooltip_7686_1").tooltip({ tip: "#footnote_plugin_tooltip_text_7686_1", tipClass: "footnote_tooltip", effect: "fade", fadeOutSpeed: 100, predelay: 400, position: "top right", relative: true, offset: [10, 10] }); What lessons may be learned to avoid having to resort to such extreme measures in the future?  What mechanisms could be used to improve communication between the various technical teams involved in the design of the project? What about those involved in the implementation and construction of the bridge?  The auditors? The supervisors?  What should be the role of the government agency granting the concession (which is also a party to the construction contract)? Or the government agency authorizing the project and enforcing the relevant regulations?

In other words, how to prevent and, if necessary, settle disputes?

These issues were discussed by experts in Geneva and Mexico City (connected through videoconference), in May 2018, at a conference entitled: “Help, I am about to be dragged into a construction project!.”  The Swiss Chambers’ Arbitration Institution (SCAI), the Centro de Arbitraje de México (CAM)and TILPA – Trade & Investment Lawco-organized the event, bringing together the arbitration and the construction communities in both countries.

The Goals in Construction Projects are Simple

Legitimate construction projects follow a simple logic. The client wants the construction, while the contractors are interested in their payment.  It is an exchange of rights and obligations.  So, breaches of contract can be classified in three main baskets:

  1. Category One: Time.Delays in fulfilling an obligation (g., late delivery of goods or services, or late payments).
  2. Category Two: Money. Requests to increase or decrease payments (g., a contractor requesting higher payments due to unforeseen complications).
  3. Category Three: Performance, either complete, partial or deficient? (g., a contractor delivering an electricity generation plant with inadequate production capability).

Two additional categories:

  1. Category Four: Other Claims.Disputes can also include the annulment of the contract, and arbitrability, among many others.
  2. Category Five: Claims against a State. This category includes both situations where a State is a party to the construction contract (covered in the contractual arbitration clause) and those where the State regulates the construction activity or the behaviour of State agencies parties to the construction contract (covered by an investment treaty, investment laws or an investment contract).

Construction Projects Can be Highly Complex

Think about a house.  If the contractor builds the house entirely and the employer has all the financial resources there would be a two-party construction contract, with two main obligations: a) payment, and b) the delivery of the house.  But many construction projects are far from being so simple.

For example, building a highway between two cities would require, among others: a contract between the employer (most likely the government) and the general contractor benefiting from the concession (most likely an ad-hocconsortium of contractors); several contracts with subcontractors; at least one contract with a financial institution; another contract with the long-term operator; and several contracts relating to maintenance.

The following illustrative list sets out a number of factors that increase the complexity of a construction project:

  1. The size of the project (g., the Hoover Dam in the US).
  2. The technology required (g., a deep-sea oil platform).
  3. The number of final users (g., the construction of a city with several housing units).
  4. The access to finance (g., access to loans in Mexico is more difficult and expensive than in Switzerland, so investors would most likely seek part of the profits).
  5. The access to insurance (g., unlike in Mexico, in Switzerland the responsibility of a contractor would most likely be covered by an insurance).
  6. The internationality of the project (g., the enforcement of the contract with respect to a foreign contractor through arbitral awards).
  7. The long-term construction projects (g., a 20-year public-private partnership agreement).
  8. The fact that construction includes both services and goods (g., “perfect tender” when delivering goods versus“substantial performance” in a services contract).
  9. The internal administrative law and administrationby the authorities (g., obtaining a construction permit would be easier in Mexico than in Switzerland).

These factors, among others, influence the design of the contract, the tools for administering the contract and the dispute settlement mechanisms.

The Dispute Settlement (& Prevention) Mechanisms

The tools available are vast.  Some are used at an earlier stage; some are based on good practices; some are semi-permanent, as opposed to ad-hoc; some aim at building an agreed solution; and others provide binding decisions by a neutral body.  The following is an illustrative list:

  1. Record-keeping practices are fundamental for each contracting party.Construction litigation is highly factual.  Maintaining organized files is key to prevent and prepare for litigation.  This includes communications between the parties, reports, decisions and assessments.  For example, an organized file would be extremely useful to the team that designed the Chirajara bridge in Colombia.
  2. Contractsshould be clear and simple. The parties’ obligations should be straightforward, such as deliverables by the contractors, and payments, including work calendars. Formal communications and notifications should be clearly identified.  Templates exist such as those from the International Federation of Consulting Engineers (FIDIC).  One common mistake at an earlier stage, when using templates, is to use ambiguous clauses in the special conditions to speed up the process but the danger is that at a later stage they may influence negatively the general conditions. Ambiguity is often used as a tool to finalize the contract during negotiation, but may backfire down the road.
  3. Engineers in the construction facilities can facilitate the development of construction and spot potential problems. Indeed many contracts provide such a role for monitoring the overall development in the construction site; monitoring the performances of different sub-contractors; providing periodic reports; and notifying the parties in case of a potential problem that might evolve into a dispute.
  4. Dispute boards, usually made up of construction experts, can address any potential issue spotted by the engineer, and issue recommendations. Semi-permanent DBs have the ability to react within a short period of time.  One example is the ICC Dispute Board Rules, where arbitration clauses have been particularly designed to envisage this two-tier adjudication, as complemented by friendly arbitration rules.
  5. Expert opinion can provide some solutions. Similar to DBs, the process focuses on technical experts. In other words, it allows the engineers and architects to find a solution before the file is sent to dispute settlement lawyers.  One problem that might arise is enforceability of the recommendations. They are not arbitral awards, presenting enforceability problems.  But arbitral awards on agreed terms, reflecting the agreement by the parties to solve the disputes through the expert recommendation, can improve enforceability (the New York Convention).
  6. Conciliation and mediation can allow the parties to find a solution.DBs and expert opinions, when properly managed, will use the mediation and conciliation techniques.
  7. Commercial arbitration is a reliable mechanism for construction.The contracting parties can take advantage of efficiencies developed by administering institutions.  To cite an example, the Swiss Rulesdeveloped fast arbitration through a) expedited procedures within 6 months; b) arbitration to be decided only on evidentiary evidence; c) faster answer to the notice of arbitration—15 days; and d) faster constitution of the tribunal.
  8. Domestic Courts can be an efficient mean to solve disputes in countries with reliable and fast State Court proceedings. But international contracts may face enforceability problems.

Construction Disputes Against States

Among others, the government procurementrules regulate the genesis of government contracts for goods, services and works, providing access to foreign suppliers based on the specific commitments.  Under WTO rules, the Transports Publics Genevois (the State company providing public transportation in the canton of Geneva) has to provide access to US bidders for construction projects larger than USD 7 million.  Likewise, under the EFTA FTA with Mexico, the Aeropuertos y Servicios Auxiliares(the body building and managing airports in Mexico) has to provide access to Swiss bidders for construction projects larger than USD 8 million.

When a State is a party to a contract, investment arbitrationis also available.  Centrally, contract law works normally.  But the State can direct its State entity to behave in certain way.  Such action might be subject to investment arbitration.  In the investment arbitration case Samsung v. Saudi Arabia(a pending dispute under the Korea-South Arabia BIT) the investor challenged the contract termination for a power plant construction.

Likewise, the actions or inactions (including regulating or other jure imperii actions) of a State towards a particular construction project can trigger State responsibility — without the need for the State to be a party to the contract.  In Lion Mexico Consolidated vs Mexico(a NAFTA pending investment arbitration) the investor challenged Mexican authorities’ cancellation of promissory notes and mortgages for real estate development claiming violations of fair and equitable treatment and expropriation.

The interaction between commercial arbitration and investment arbitration has been explored extensively (see for example the KLI book). But such link is highly relevant in the construction sector, which addresses both private contractual law and administrative law.

The goals in construction projects are usually simple, with reciprocal exchange of rights and obligations.  But, the construction projects can be highly complex, depending on several factors, such as technology, size, number of parties, combination of services and goods, among several others.  The complexity influences the design of the contract—or contracts—and the use of dispute mechanisms—from prevention to arbitration.  Finally, investment arbitration is often available for claims against the State, both when it participates directly as a party to the construction project and indirectly as regulator.

References   [ + ]

1. ↑ Allegedly, the cause of the problem was an improper design. function footnote_expand_reference_container() { jQuery("#footnote_references_container").show(); jQuery("#footnote_reference_container_collapse_button").text("-"); } function footnote_collapse_reference_container() { jQuery("#footnote_references_container").hide(); jQuery("#footnote_reference_container_collapse_button").text("+"); } function footnote_expand_collapse_reference_container() { if (jQuery("#footnote_references_container").is(":hidden")) { footnote_expand_reference_container(); } else { footnote_collapse_reference_container(); } } function footnote_moveToAnchor(p_str_TargetID) { footnote_expand_reference_container(); var l_obj_Target = jQuery("#" + p_str_TargetID); if(l_obj_Target.length) { jQuery('html, body').animate({ scrollTop: l_obj_Target.offset().top - window.innerHeight/2 }, 1000); } }More from our authors: International Arbitration and the Rule of Law
by Andrea Menaker
€ 240


The post Help, I am About to be Dragged into a Construction Project! appeared first on Kluwer Arbitration Blog.

Judge Levies $260K in Fees Against Company That Fought Arbitration Award - Law.com

Google International ADR News - Thu, 2018-08-30 14:17

Law.com

Judge Levies $260K in Fees Against Company That Fought Arbitration Award
Law.com
A federal judge awarded more than $260,000 in legal fees to a Georgia company that had already won nearly $900,000 after an Israeli business partner lost an arbitration battle and a subsequent court challenge to that decision. The earlier award itself ...

Singapore Chambers Nabs Baker McKenzie Arbitration Head - Law360

Google International ADR News - Thu, 2018-08-30 12:03

Law360

Singapore Chambers Nabs Baker McKenzie Arbitration Head
Law360
... chairman of the Singapore International Arbitration Centre, and a member of the International Chamber of Commerce's Commission on arbitration and alternative dispute resolution, according to a biography on Essex Court Chambers Duxton's website.

Appreciating This Year’s Stone Soup Faculty

ADR Prof Blog - Thu, 2018-08-30 11:53
I am very proud to present the roster of faculty who are using Stone Soup in their courses this year to help students learn about actual cases.  This features 52 faculty members, including about 22 who are starting to use it this year.  They come from 37 schools, including about 14 where it is being used … Continue reading Appreciating This Year’s Stone Soup Faculty →

Essex Court Nabs Baker McKenzie Arbitration Head In Singapore - Law360

Google International ADR News - Thu, 2018-08-30 11:53

Law360

Essex Court Nabs Baker McKenzie Arbitration Head In Singapore
Law360
... chairman of the Singapore International Arbitration Centre, and a member of the International Chamber of Commerce's Commission on arbitration and alternative dispute resolution, according to a biography on Essex Court Chambers Duxton's website.

Essex Court Nabs Baker McKenzie Arbitration Head In Singapore - Law360

Google International ADR News - Thu, 2018-08-30 11:53

Law360

Essex Court Nabs Baker McKenzie Arbitration Head In Singapore
Law360
... chairman of the Singapore International Arbitration Centre, and a member of the International Chamber of Commerce's Commission on arbitration and alternative dispute resolution, according to a biography on Essex Court Chambers Duxton's website.

Vannin Capital Appoints International Arbitration Managing Director - Litigation Finance Journal (blog)

Google International ADR News - Thu, 2018-08-30 11:45

Vannin Capital Appoints International Arbitration Managing Director
Litigation Finance Journal (blog)
In addition to her legal work in the area, Ania is participating in the organisation of the first edition of London Disputes Week in May 2019, chairs the Arbitration Ball Committee and is a vice chair of the ICC UK Arbitration & Alternative Dispute ...

Terms of Service - FOX5 Las Vegas

Google International ADR News - Thu, 2018-08-30 11:35

Terms of Service
FOX5 Las Vegas
International Users. The Services are controlled and offered by Meredith from its facilities in the United States of America. Meredith makes no representations that the Services are appropriate or available for use in other locations. Those who access ...

and more »

Terms of Service - FOX5 Las Vegas

Google International ADR News - Thu, 2018-08-30 11:35

Terms of Service
FOX5 Las Vegas
International Users. The Services are controlled and offered by Meredith from its facilities in the United States of America. Meredith makes no representations that the Services are appropriate or available for use in other locations. Those who access ...

BREAKING: Ania Farren moves to Vannin - CDR News Magazine

Google International ADR News - Thu, 2018-08-30 05:38

BREAKING: Ania Farren moves to Vannin
CDR News Magazine
... Disputes Week, set for May 2019, a key means for practitioners to promote London as a centre for international dispute resolution, chairs the Arbitration Ball Committee and is a vice chair of the ICC's UK arbitration & alternative dispute ...

BREAKING: Ania Farren moves to Vannin - CDR Magazine

Google International ADR News - Thu, 2018-08-30 05:38

BREAKING: Ania Farren moves to Vannin
CDR Magazine
... Disputes Week, set for May 2019, a key means for practitioners to promote London as a centre for international dispute resolution, chairs the Arbitration Ball Committee and is a vice chair of the ICC's UK arbitration & alternative dispute ...

AIAC, a hallmark of Malaysia's ADR identity - The Malaysian Reserve

Google International ADR News - Thu, 2018-08-30 02:09

The Malaysian Reserve

AIAC, a hallmark of Malaysia's ADR identity
The Malaysian Reserve
... of Malaysia as a nation, the Asian International Arbitration Centre or AIAC — formerly known as the Kuala Lumpur (KL) Regional Centre for Arbitration — has contributed to become a hallmark for Malaysia, a trusted provider of alternative dispute ...

Arbitration of Smart Contracts Part 3 – Issues to Consider When Choosing Arbitration to Resolve Smart Contracts Disputes

Kluwer Arbitration Blog - Wed, 2018-08-29 22:38

Ibrahim Mohamed Nour Shehata

This post, which continues the topic considered here and here, discusses the main issues to consider when choosing arbitration to resolve smart contracts disputes, and lists a number of red flags that emerge from a survey of white papers on arbitrating smart contract disputes prepared by the tech community.

(1) The Form of Smart Contract

As discussed by R3 and Norton Rose Fulbright here, there may be legal risks in some jurisdictions with having the smart contract entirely in code language. Accordingly, we advise parties to have a hybrid version of smart contract (sometimes called “Ricardian Contract”) whereby there is a text-based version of the same force in addition to the encrypted-coded-language smart contract. Further, Article II of the New York Convention requires an agreement to arbitrate to be in writing. In addition, the New York Convention requires an agreement to arbitrate to be signed unless it’s in the form of exchange of letters or telegrams. The definition of “an agreement in writing” and “signing” is interpreted differently across the various jurisdictions. It’s difficult to predict whether a smart contract encrypted in code would satisfy these requirements beforehand. Therefore, smart contracts run the risk of not being enforced under the New York Convention, unless they have an equivalent traditional word-format contract signed by both parties.

(2) The Seat of Arbitration:

Parties to smart contracts should prioritize their choice of the seat of arbitration. In essence, a seat of arbitration underpins the legal framework controlling all legal aspects of the arbitral process. As discussed by Clyde & Co here, the seat of the arbitration will normally determine the law applicable to the procedure of the arbitration as well as the involvement/ intervention, as appropriate, which the courts of the seat, will have. Also, the seat of arbitration will determine the arbitrability of the subject matter of the dispute. Unfortunately, some jurisdictions are not “arbitration-friendly” as they have laws which restrict party autonomy, for example, by allowing the courts to intervene extensively in the arbitral process. On the other hand, some jurisdictions’ laws are relatively “arbitration-friendly” and allow the parties a high degree of procedural autonomy. Whether an arbitral award may be challenged will be determined according to the seat of the arbitration. Further, the extent to which judicial review is available to parties will be dependent on the law of the seat of arbitration. Also, the law of the seat of the arbitration will govern the extent to which an award is considered final.In this regard, it is important to consider a myriad of questions, particularly when deciding upon the seat, including, how the local arbitration law of the seat operates, whether the local courts are “arbitration-friendly, and whether the seat acknowledges the legal binding effects of smart contracts.

(3) The Validity and Arbitrability of the Subject-Matter of the Smart Contract:

Before entering into a smart contract, the parties should be aware of the identity of the subject matter of their contract. They should try to investigate whether such a subject matter is valid under the law of the seat of arbitration and also under the law applicable to the merits. In this regard, the parties should also ensure that the subject matter of their smart contract is arbitrable under the law of the seat of arbitration. Failing to inquire about the validity and the arbitrability of the subject matter of the smart contract could deem the arbitration process entirely useless.

(4) The Capacity of the Parties to Enter into the Smart Contracts:

Parties to a smart contract must have legal capacity to enter into such a contract or otherwise it could be considered invalid. Parties should be aware that their capacity is usually determined by the law of domicile of each party, rather than the law of the seat of arbitration or any other law. Therefore, if one of the parties comes from a jurisdiction that does not recognize smart contracts, this might affect such a party’s ability to enter into the contract. Further, it might serve such a party as a legal loophole to evade its obligations under the smart contract in the future.

(5) The Law Applicable to the Merits of the Dispute:

The parties to smart contracts should choose the same jurisdiction for the seat of arbitration and the law applicable to the merits of the dispute. In this regard, jurisdictions such as Arizona, Tennessee, and Delaware are currently considered the friendliest jurisdictions for legal enforcement of smart contracts.

(6) The Number of Arbitrators:

The parties in international arbitration are usually allowed to choose their arbitrators. The norm is that each party chooses one arbitrator and then both parties or the selected arbitrators, as the case may be, will choose the chair of the arbitral tribunal. The parties should try and avoid choosing an even number of arbitrators as this could be considered to be in violation of various arbitration laws around the world. Also, the parties should not try to choose a number of arbitrators more than three arbitrators or otherwise they might run afoul of the law of the seat of arbitration. The provision regarding the number of arbitrators could be considered a public policy issue at the seat of arbitration.

(7) The Technical Qualifications of the Arbitrators:

Parties should try to choose arbitrators who possess the technical knowledge to adjudicate the smart contracts disputes, especially if the dispute is concerning a technical bug for example. This will save the parties time and money when they proceed with arbitration and will enable them to benefit from one of the most important benefits of arbitration.

(8) The Confidentiality of the Smart Contract Disputes:

Parties should be aware that arbitration is not confidential by default. Therefore, they should provide explicitly for the confidentiality of their dispute under the smart contract. Otherwise, they might run the risk of exposing their confidential information to the public.

Survey of Blockchain-Arbitration White Papers – Red Flags

The author has surveyed 6 white papers prepared by the tech community as blockchain-based arbitration solutions for smart contracts’ disputes. The author has carefully selected the white papers included in this survey; so, this is not an exhaustive survey by any means of all the white papers promoting blockchain-based arbitration services. The author tries to assess how far the tech community is taking into consideration all the potential legal dilemmas associated with arbitrating smart contracts’ disputes. The blockchain tech community has not developed a single project that analyzes thoroughly all the risks associated with using the international arbitration mechanism for smart contracts dispute resolution. Therefore, the tech community needs to develop their models exponentially to accumulate enough experience in the field of arbitration of smart contracts, if/when the rate of smart contract dispute raises to a level where it’s profitable enough to engage in the field of arbitrating smart contracts.

Red Flags:

  1. The Seat of Arbitration and the Applicable Law: This issue is usually crucial because it has so many legal implications ranging from determining the applicable procedural law to being the exclusive forum for annulment proceedings of any arbitral decision or award issued within the seat. The issue of choosing the applicable law is as important as determining the seat of arbitration. However, only one project decided to select the seat of arbitration and the applicable law for its arbitration services.
  2. Arbitrability: Smart contract disputes can be of various categories; this means that we need to determine whether any of such disputes would be arbitrable under the chosen applicable law. Only one project selected the seat of arbitration and the applicable law for its arbitration services, it’s quite surprising that none of the other projects has considered this issue despite its significance.
  3. Code Language: Only one project contemplates the legal risks associated with the code language of smart contracts, and tries to handle this issue by introducing the concept of “Ricardian contract.”
  4. Formal Requirements of the New York Convention: Although 4 out of 6 projects acknowledge the existence of the New York convention, only one project has contemplated the legal risks associated with the formal requirements of arbitration agreements and arbitral awards under the New York convention.
  5. The Capacity of the Parties: Arbitration contracts usually take the form of arbitral clauses embedded in the main contract in traditional arbitration. In this regard, the issue of the capacity of the parties to enter into the smart arbitration contract would be one of the first issues that would need to be dealt with. However, it seems that only two projects have expressly or impliedly dealt with this issue.
  6. Confidentiality: The majority of arbitration practitioners are under the impression that arbitration is confidential by default. However, this is an entirely mistaken belief. Therefore, the projects should provide expressly for the confidentiality of the smart contract disputes to resolve this issue. In this regard, only 50% of the projects handled this matter.
  7. Availability of Annulment Proceedings and Penalizing the Arbitrators: Arbitration is usually in the form of one phase, whereby the merits cannot be reviewed again by any court whatsoever. (There is an exception for example under English Law allowing for appealing the Merits of the Arbitration provided it relates to a point on English Law, and the Court provides its leave for such an appeal.) Despite this, two projects allow for appeal process of arbitration. In addition, the same two projects foresee that there is a right and a wrong answer. In this regard, they penalize the arbitrators whose awards get annulled in the following stage.

More from our authors: International Arbitration and the Rule of Law
by Andrea Menaker
€ 240


The post Arbitration of Smart Contracts Part 3 – Issues to Consider When Choosing Arbitration to Resolve Smart Contracts Disputes appeared first on Kluwer Arbitration Blog.

Syndicate content