Sentences with phrase «consensual arbitral process»
«The courts when called upon to exercise the supervisory role assigned to them under [AA 1996] are acting as a branch of the state, not as a mere extension of the consensual arbitral process.
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That in itself is consistent with the consensual nature of the arbitral process, and provides a timely reminder that parties should always check the nature and effect of the arbitral provision before agreeing to the same, as well as raising a proper challenge to the process at the first opportunity.
However it has been more difficult to do this in arbitral proceedings due to the fact that it is an entirely consensual process, originally built to accommodate two parties per arbitration.