Not exact matches
The
process of «external and
independent arbitration» provided by the tribunal, he argued, had resulted in a recommendation that release of the minutes was in the public interest.
We undertake mediations both as an
independent process and also in parallel with existing court and
arbitration proceedings.
European Union agreements such as CETA and the EU - Vietnam Free Trade Agreement appear to serve as viable examples of replacing traditional ISDS provisions with a bilateral investment court system, [21] providing a more impartial and
independent process than investment treaty
arbitration.
Key features of
arbitration are set out below but in summary it is a
process whereby parties agree that their disputes will be resolved, in a final and binding manner capable of enforcement, not by the Court but by an
independent (and often international) arbitral tribunal.
The main argument I hear against med / arb is that when the mediation is done, the mediator knows who he / she thinks should win, and it may prejudice the more
independent adjudication
process of
arbitration.
Adjudicative
processes include litigation and
arbitration and involve an
independent third party coming to a final binding judgement on an issue.
If an
arbitration follows a mediation in which there was no agreement, any information gathered in the mediation can only be used in the
arbitration if it is obtained
independent of the mediation
process.