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Two faces of progress: fairness and flexibility in arbitral procedure

Article Abstract:

A comparative approach can be used to find out how arbitrations are conducted in England and the distinctions related to legislative provisions are discussed. It is felt that English courts should deal properly with excessive challenges and strike the proper balance in safeguarding procedural integrity without guessing arbitrations on the merits of disputes.

Author: Park, William W.
Publisher: Aspen Publishers, Inc.
Publication Name: Arbitration International
Subject: Law
ISSN: 0957-0411
Year: 2007
United Kingdom, Comparative analysis, Arbitration (Administrative law), Administrative arbitration, Judicial discretion, Procedure (Law), Discretion (Law)

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Reflections of an international arbitrator

Article Abstract:

The author discusses the arbitration in the 1950's, when law schools did not offer courses on arbitration, no computers, no e-mails but the old typewriter, no super jets and no publications on arbitrations for reference.

Author: Aksen, Gerald
Publisher: Aspen Publishers, Inc.
Publication Name: Arbitration International
Subject: Law
ISSN: 0957-0411
Year: 2007
Evaluation, History

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Arbitral precedent: dream, necessity or excuse? The 2006 Freshfields lecture

Article Abstract:

The work of arbitrators and the reasons why they are motivated to refer to earlier cases either for mere guidance or to mask the reasoning deficiencies discussed in the Freshfields lecture are presented.

Author: Kaufmann-Kohler, Gabrielle
Publisher: Aspen Publishers, Inc.
Publication Name: Arbitration International
Subject: Law
ISSN: 0957-0411
Year: 2007
International Affairs, Treaties & Intnl Law, Justice, Administration of, Administration of justice, International law, De facto doctrine, Precedents (Law)

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Subjects list: Analysis, Practice, Dispute resolution (Law), Arbitrators, United States, International mediation
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