The Effect of Apparent Bias or Suspicion of Bias or Unconscious Bias may not necessarily be different from that of Actual Bias - An English Perspective

2012 ◽  
pp. 997-1013
Author(s):  
C. Chatterjee
Keyword(s):  
Unconscious Bias ◽  
Commercial Arbitration ◽  
Judicial Decisions ◽  
The World ◽  
Practical Standpoint

Allegations of bias of whatever type, actual or apparent or otherwise are not unknown to the world of commercial arbitration, and the English courts have always abhorred them. Judicial decisions have however made a distinction between “actual bias” and “apparent bias”, and established criteria to determine “actual bias” or “suspicion of bias” or “apparent bias”, but it is to be considered whether any effective difference, in effect, may be maintained from a practical standpoint between the various types of bias as any award rendered by a tribunal against which or a member of which, an allegation of bias has been made, would always be considered by the award-debtor to be an award vitiated by suspicion of bias.

15 Singapore

2014 ◽  
Author(s):  
Oo Minn Naing
Keyword(s):  
Asia Pacific ◽  
Pacific Region ◽  
International Arbitration ◽  
Asia Pacific Region ◽  
Commercial Arbitration ◽  
International Council ◽  
Judicial Decisions ◽  
Leading Role ◽  
The World ◽  
Legislative Framework

Singapore is currently one of the world's leading arbitration destinations. In addition to having recently hosted the 21st Congress of the International Council for Commercial Arbitration (ICCA), the reputation of the Singapore International Arbitration Centre (SIAC) and Maxwell Chambers as being among the leading arbitration-related institutions in the world is testament to the growing significance of international arbitration in the Asia-Pacific region, as well as to the leading role that Singapore has played in contributing to the collective jurisprudence, expertise, activity, and interest in international arbitration. This chapter considers the provisions of the statutory regime and jurisprudence that contributed to establishing Singapore as a pro-arbitration jurisdiction. It provides selected ‘snapshots’ of the current legislative framework as well as recent judicial decisions in the Singapore courts on issues relating to international arbitration.

The Rights and Obligations of States in Disputed Maritime Areas

2021 ◽  
Author(s):  
Youri van Logchem
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
Legal Framework ◽  
Comprehensive Treatment ◽  
International Courts ◽  
Judicial Decisions ◽  
Commercial Activities ◽  
State Practice ◽  
The World

Disputed maritime areas exist around the world, and in many cases the affected States have not been able to reach agreement on cooperative arrangements or regulate commercial activities within the area. Where a claimant coastal State increases their level of unilateral activity, such as in the South China Sea, long-standing conflicts remain difficult to resolve. This book examines the rights and obligations States have under international law concerning disputed maritime areas in the first comprehensive treatment of this highly topical and pressing issue. It analyses conventional law, general international law, judicial decisions, State practice and academic opinions that shine light on the international legal framework applicable in disputed maritime areas. Proposing practical solutions for interpreting and applying the applicable international law, the book discusses the extent to which it currently provides clear guidance to States, and how international courts and tribunals have dealt with cases related to disputed maritime areas.

Negative Contrast Experience: An Ignatian Appraisal

Horizons ◽  
2014 ◽  
Vol 41 (1) ◽  
pp. 74-95 ◽  
Author(s):  
LaReine-Marie Mosely
Keyword(s):  
Negative Contrast ◽  
Human Suffering ◽  
Human Beings ◽  
Unconscious Bias ◽  
Negative Experiences ◽  
The World ◽  
The Face

In the face of continual and increased human suffering in every corner of the world, good and principled people often do nothing. Edward Schillebeeckx's understanding of negative experiences of contrast begins with outrage at excessive human suffering and is followed by protest and eventual praxis to ameliorate and end the suffering. The author queries whether unconscious bias prevents human beings from seeing this suffering, and suggests that embracing a rigorous Ignatian consciousness examen may correct this impairment.

Contesting Harmful Representations

2017 ◽  
Vol 17 (2) ◽  
pp. 213-226 ◽  
Author(s):  
Stephen Kekoa Miller ◽  
Keyword(s):  
Community Of Inquiry ◽  
Unconscious Bias ◽  
Critical Reasoning ◽  
The World ◽  
World Point

Recent events around the world point to the dire need to counter harmful unconscious bias. Reams of evidence now exists that literal pre-judgement in regards to race, sex, ethnicity, age and religion among other categories strongly affects our behaviour in ways that when we consciously contemplate it, we would condemn. Using Community of Inquiry methods in developing critical reasoning and empathy offer some possible remedies but also hold pitfalls. The dilemma concerns the fact that if harmful unconscious connotative representations are unconscious, then it’s terribly hard to spot and correct them. We need a better way of exploring our own poorly-arrived at beliefs: we need other people. Mikhail Bakhtin’s notion of dialogic understanding allows meaning to be created through the process of discussion. It gets particularly interesting when this idea combines with the notion of a “floating signifier.” This suggests that a discussion could then also alter the connotative value of words, signs and concepts through making what had been hidden overt. This paper explores the ways that the dilemma of damaging discourse could be altered and strategies for interrupting this, including the format of a Community of Inquiry. The promise offered by a Community of Inquiry is that connotative meanings can be made explicit. It also points to the challenge: unveiling hidden bias only becomes possible in a setting of great diversity. In the end, while a Community of Inquiry may not be able to solve the problem of unconscious bias, it may help combat the consequences.

Arbitrability of Corporate Disputes: National Realities and Foreign Experience

2020 ◽  
Vol 11 (4) ◽  
pp. 1184
Author(s):  
Nataliia S. KUZNIETSOVA ◽  
Yurii D. PRYTYKA ◽  
Mykhailo M. KHOMENKO
Keyword(s):  
Multinational Corporations ◽  
World Economy ◽  
Significant Part ◽  
Current Version ◽  
Commercial Arbitration ◽  
National Legislation ◽  
International Commercial Arbitration ◽  
Foreign Countries ◽  
The World

The tendency to promote alternative ways of resolving disputes and their effectiveness leads to the expansion of the scope of their application. The relevance of corporate dispute arbitration relates to the rising number of multinational corporations and the general tendencies of globalization and regionalization of the world economy. To identify the main tendencies in the development of national legislation, it is necessary to study the genesis of corporate dispute arbitrability. The purpose of the paper is to determine the scope of corporate disputes that may be submitted to the consideration of international commercial arbitration (arbitrable corporate disputes) under the current legislation of Ukraine (in particular, in light of the reform of procedural legislation in 2016) and the prospects for the dynamics of corporate arbitrability in the future. The tasks of the paper are to analyze the genesis of corporate dispute arbitrability; to analyze the legislation of foreign countries on arbitrability of corporate disputes; analysis of the efficiency of corporate litigation in international commercial arbitration; research into the expediency of expanding the range of arbitrable corporate disputes in the national legislation of Ukraine. There was a negative tendency in the Ukrainian legislation, formed by the current version of the COD of Ukraine, regarding the classification of at least a significant part of corporate disputes in the category of non-arbitrable, which not only does not correspond to the general global tendencies in this area, but also significantly reduces the level of investment attractiveness of Ukraine.

The Procedural Rules Governing the Production of Documentary Evidence in International Arbitration – As Applied in Practice

2009 ◽  
Vol 8 (1) ◽  
pp. 27-90
Author(s):  
Nathan O'Malley
Keyword(s):  
Judicial Review ◽  
Case Law ◽  
Documentary Evidence ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
The World ◽  
The Common ◽  
Over Time

AbstractThis article considers the provisions of the IBA Rules on the Taking of Evidence in International Commercial Arbitration pertaining to documentary evidence, Articles 2, 3, and 9. The IBA Rules have emerged over time as a compromise set of standards appropriate for international arbitration and are widely used by tribunals throughout the world. This piece provides examples of arbitral case law in respect of the application of the Rules to issues concerning the taking and admission of documentary evidence. Moreover, the article also addresses issues regarding the role of the IBA Rules in the judicial review of arbitral awards, and their use in investor-state arbitration as opposed to international commercial arbitration. The goal of this article is to provide a thorough, case based commentary on the common approach used by tribunals in this area of procedure.

scholarly journals The Resolution of International Trade Disputes through Arbitration

2020 ◽  
Vol 2 (1) ◽  
pp. 296-301
Author(s):  
Nufaris Elisa
Keyword(s):  
International Trade ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Trade Disputes ◽  
Commercial Arbitration ◽  
Trade Finance ◽  
International Commercial Arbitration ◽  
Trade Dispute ◽  
The World

If an international trade dispute occurs, so that the ways of resolution can be reached through non-litigation (alternative litigation) or Alternative Dispute Resolution (ADR). The facilities classified as ADR other than Arbitration facilities as contained in Article 6 of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution which includes facilities including Meditation facilities, Negotiation facilities, Consolidation facilities, and other facilities. Based on the Arbitration Law it provides an opportunity to resolve trade disputes through the Arbitration institution and it is very appropriate if this institution has a very important role in resolving disputes that occur in the world of international trade. The scope of disputes which can be tried in a trial of the International Commercial Arbitration institution must be related to the issue of trade, finance and general trading (commerce), while those relating to other matters have nothing to do at all.

Substance and Style—How the WTO Adjudicators Legitimize their Decisions

2018 ◽  
Author(s):  
Christiane Gerstetter
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
Judicial Decision ◽  
Settlement System ◽  
Member States ◽  
Judicial Decisions ◽  
Wto Dispute Settlement ◽  
The World ◽  
Dispute Settlement System

This chapter analyses how the World Trade Organization (WTO) dispute settlement bodies legitimize their decisions and by implication also the WTO Dispute Settlement System as well as the WTO as an institution more broadly. The author argues there are two relevant dimensions for understanding how judges legitimize judicial decisions: the substantive outcomes of cases, that is who wins and loses and what interpretations are adopted, and the way a judicial decision is justified. She concludes that the WTO dispute settlement bodies act strategically in order to win the acceptance of the member states, and ultimately legitimize this dispute settlement system as a judicial entity.

In Search for a Jurisprudential Justification for the Recognition of a Right of Publicity in Kenya

2020 ◽  
Vol 69 (6) ◽  
pp. 585-615
Author(s):  
Moses Muchiri
Keyword(s):  
Common Law ◽  
Hybrid Approach ◽  
Privacy Rights ◽  
Legal Practice ◽  
Judicial Decisions ◽  
Personality Rights ◽  
Right Of Publicity ◽  
The World ◽  
Unfair Trade ◽  
Trade Practice

Abstract Publicity rights fall in the intersection between classic intellectual property rights law, unfair trade practices law and privacy rights law. This is an area that has recently witnessed notable judicial decisions in Kenya which have not gained ample exposure and is therefore worth looking into as an area for potential emerging jurisprudence. A look at the existing practices across different jurisdictions in the world reveals various positions and approaches with respect to publicity rights. On one hand, there are jurisdictions in which publicity rights are categorized within the broad spectrum of personality rights, while in other jurisdictions these rights are treated as proprietary rights. Some jurisdictions also take a hybrid approach that amalgamates both proprietary and personality rights approaches. Publicity rights cut across four broad legal areas: tort, property, privacy and unfair trade practice law. These rights also have common similarities with copyright and trademark rights, although they are not synonymous. A significant number of countries which recognize a right of publicity have a mixture of elements of these areas, either as a form of common law approach based on the tort of passing off, or specific statutory enactments on publicity rights. Legal practice and development in each jurisdiction must be considered in the knowledge that each country has developed specific publicity rights mechanisms in response to the socio-economic needs and realities existing in its particular jurisdiction. This study surveys the legal landscape with respect to development of personality rights in Kenya. It also takes a brief look at several other select jurisdictions in an attempt to answer the question whether there is a jurisprudential justification for the recognition of a publicity right in Kenya.

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