Not exact matches
She has also been actively
involved in researching cognitive bias in
arbitral decision - making based on Soia Mentschikoff's 1950s - 1960s experiment.
2014 has started with a bang from an arbitration perspective with the
decision in S v S [2014] EWHC 7 (Fam), [2014] All ER (D) 63 (Jan),
involving the conversion of an arbitration award to a financial consent order and comments from Sir James Munby that «an
arbitral award is surely of its nature even stronger than a simple agreement between the parties» and «the judge will not need to play the detective unless something leaps off the page to indicate that something has gone so seriously wrong in the
arbitral process as fundamentally to vitiate the
arbitral award».
The Court stated that in Ledcor, unlike in Intact, there was no expert
arbitral decision - maker
involved.
Both appeals
involve arbitral decisions concerning the interpretation of «insured person» under s. 3 (1) of the Statutory Accident Benefits Schedule — Effective September 1, 2010, O. Reg.
Concerns have also been raised about the absence of a system of binding precedent, inconsistencies in
decision - making, the cost and time
involved in investment arbitration, lack of transparency and the very narrow grounds on which
arbitral awards can be challenged.