What are the IBA guidelines?
The IBA Guidelines on Party Representation in International Arbitration are inspired by the principle that party representatives should act with integrity and honesty and should not engage in activities designed to produce unnecessary delay or expense, including tactics aimed at obstructing the arbitration proceedings.
What should be the primary guidelines in the arbitration?
(1) act fairly and impartially as between the parties; (2) give each party a reasonable opportunity of putting its case; (3) give each party a reasonable opportunity of dealing with the case of its opponent; (4) provide a fair means for the resolution of the matters falling to be determined. Page 2 2.2 While, under the …
Does the arbitrator have a conflict of interest?
AN ARBITRATOR SHOULD ENSURE THAT HE OR SHE HAS NO KNOWN CONFLICT OF INTEREST REGARDING THE CASE, AND SHOULD ENDEAVOR TO AVOID ANY APPEARANCE OF A CONFLICT OF INTEREST.
What is IBA arbitration?
The International Bar Association (“IBA”) has published several rules and guidelines relating to international arbitration which are designed to streamline the arbitral procedure and facilitate the use of international arbitration as an alternative means of dispute resolution.
What is Republic No 876?
REPUBLIC ACT NO. 876. AN ACT TO AUTHORIZE THE MAKING OF ARBITRATION AND SUBMISSION AGREEMENTS, TO PROVIDE FOR THE APPOINTMENT OF ARBITRATORS AND THE PROCEDURE FOR ARBITRATION IN CIVIL CONTROVERSIES, AND FOR OTHER PURPOSES.
What is negative arbitration?
There are also some disadvantages of arbitration to consider: No Appeals: The arbitration decision is final. There is no formal appeals process available. Even if one party feels that the outcome was unfair, unjust, or biased, they cannot appeal it.
Can a party withdraw from arbitration?
An existing dispute can be referred to arbitration by means of a submission agreement between the parties. In contrast to mediation, a party cannot unilaterally withdraw from arbitration.
Is arbitration fair?
“Arbitration is a fair, effective, and less expensive means of resolving disputes compared with going to court,” Neil Bradley, chief policy officer at the U.S. Chamber of Commerce said in a letter urging Congress to oppose proposed restrictions on arbitration.
What does IBA stand for in arbitration?
The International Bar Association (IBA) Rules on the Taking of Evidence in International Arbitration (the IBA Rules) is one of the most widely used soft law instruments in international arbitration practice.
Is arbitration an effective form of conflict resolution?
Conflict resolution comes through many forms from fighting fair and using tools in your own personal tool box to using the help of a third party. Depending on the situation and the parties involved, arbitration may be an effective form of mediation.
What is an early arbitration?
The term “early” is intended to refer to a preliminarily stage of the arbitration, before the parties proceed to a hearing of the entire dispute, before the taking of any evidence, or, where appropriate, after taking only limited evidence.
When should a claim be winnable in arbitration?
In arbitration, as in other dispute resolution processes, there may be occasions when certain claims, defenses or other issues can and should be winnowed out from the more meritorious claims so that the disputes may be resolved more efficiently.
What is arbitration and how can it help your business?
A step up from mediation, arbitration can be an effective and cost-saving means to resolve conflict – especially for businesses. Think about adding arbitration to your tool chest when conflict cannot be resolved through other methods.