Not exact matches
On dispute settlement, Guajardo said that Mexico would be willing to
consider some adjustments to the investor - state dispute settlement system, after the United States proposed making the use of such
arbitration panels optional.
He also found that the
arbitration panel erred in
considering evidence of substance use in the bargaining unit only, and did not
consider all of the relevant evidence put forward by Suncor.
Another
panel considered the way in which South Africa, Nigeria, Kenya, Zambia and Uganda approach international
arbitration, with panellists representing the judiciaries of those countries reporting a generally positive outlook, in line with their status as signatories of the New York Convention, although differences of interpretation remain.
Glen Davis QC of South Square, an arbitrator who has worked on African arbitral legislation, chaired a
panel which
considered the role of international
arbitration with an African dimension.
Procuring Cause: This video explains the factors that
arbitration hearing
panels should
consider when reviewing monetary disputes.
Panel members are advised to
consider the following, which are representative of the issues and questions frequently involved in
arbitration hearings.
Arbitrability and appropriate parties While primarily the responsibility of the Grievance Committee,
arbitration Hearing
Panels may
consider questions of whether an arbitrable issue actually exists and whether the parties named are appropriate to
arbitration.
Among the reasons for this are the fact that
arbitration awards are not appealable on the merits but generally only on the limited procedural bases established in the governing state
arbitration statute; that the issues
considered by Hearing
Panels are often myriad and complex, and the reasoning for an award may be equally complex and difficult to reduce to writing; and that the inclusion of written findings of fact or rationale (or both) would conceivably result in attempts to use such detail as «precedent» in subsequent hearings which might or might not involve similar facts.