International commercial arbitration rules and ethics codes require that every arbitrator
act impartially and independently of the parties involved in the arbitration.
shall disclose facts or circumstances which in the eyes of the parties may give rise to doubts as to the arbitrator
's impartiality or independence, and "[a]ny doubt as to whether an arbitrator
should disclose certain facts or circumstances should be resolved in favour of disclosure.
Board member Richard Tanner, who chaired a Program Evaluation Committee subcommittee that reviewed the program, said it needs more publicity so both lawyers and clients know about it, and needs more lawyers to volunteer as arbitrators
NAF also employs a "loser pays" rule--allowing the arbitrator
to assess all costs against the losing party--and advertises this fact to its corporate clients.
If the agreement of the parties names an arbitrator
or specifies a method of appointing an arbitrator
, that designation or method shall be followed.
Describe and limit the type of information the arbitrator
The process is anything the parties and the arbitrator
want it to be, with the CPA taking the leadership role.
After reviewing the pre- and post-hearing briefs the parties submitted to the arbitrator
and an affidavit from Harbert's lead attorney during the arbitration proceedings, the court concluded that there was no evidence of manifest disregard for the law.
This may be problematic given that between the exchange of offers and the beginning of hearings in the present period, evidence of arbitrator
preferences exists only from prior arbitration periods.
ruled that in fact the contract was invalid and would constitute a prohibited gift of public funds, reaffirming the position of the board of directors,'' the hospital said in a statement.
often lack the power to subpoena third parties for discovery, particularly depositions.
considered a number of factors including her 25-year employment record, no previous disciplinary problems, her confession and remorse, her health and family problems at the time, and expert evidence about gambling addiction.