Modern Arbitration: LIVE. How to Combat “Due Process Paranoia” in International Arbitration: Perspectives of Counsels, Arbitrators and Arbitral Institutions.
Mohammed S. Abdel Wahab
Partner, Head of International Arbitration Practice, Zulficar&Partner
Eva Kalnina
Counsel, Levy Kaufmann-Kohler, Geneva
Vasily Kuznetsov
Partner, Kuznetsov, Marisin & Partners
Christer Söderlund
Advokat, Senior Counsel, Morssing&Nycander, Stockholm
Aljona Bitkivskaja
Associate Counsel, SIAC, Singapore
James Menz
Deputy Secretary General and Head of Case Management, DIS, Cologne
Manuel P Bautista, Jr.
Counsel, King & Spalding, Singapore
Video
“Due process paranoia” is one of the main growing concerns in international arbitration. The QMUL 2015 International Arbitration Survey defines “due process paranoia” as “a reluctance by tribunals to act decisively in certain situations for fear of the arbitral award being challenged on the basis of a party not having had the chance to present its case fully”.
The roots of “due process paranoia” in arbitration:
- Where does it come from?
- What constitutes “due process” in arbitration: practical scenarios that may trigger due process concerns among arbitral tribunals?
- What can be done to eliminate threats to procedural efficiency of arbitral proceedings?
- Who should take the lead in eliminating “due process paranoia”: counsels, arbitrators or arbitral institutions?
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