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Does The Lack Of Binding Precedent In International Arbitration Affect Transparency In Arbitral Proceedings?, Emily F. Ariz
Does The Lack Of Binding Precedent In International Arbitration Affect Transparency In Arbitral Proceedings?, Emily F. Ariz
University of Miami International and Comparative Law Review
This note explores how the lack of binding precedent in both international commercial and investment arbitration affects transparency in arbitral proceedings. As arbitration increases in popularity, its deficiencies have become more apparent. The lack of binding precedent in arbitration is convenient in some ways, but problematic as it leaves arbitrators an immense amount of discretion when deciding cases. With many decisions unpublished to maintain confidentiality and those decisions that are published sometimes lack reasoning to support the award, transparency in arbitral proceedings is practically nonexistent. In recent years, there is a trend toward more transparency in certain types of arbitral …
Doctrinal Development In United States Arbitration: A Metamorphosis Of Paradigms Beyond Gregor Samsa's Imagination, Pedro J. Martinez-Fraga
Doctrinal Development In United States Arbitration: A Metamorphosis Of Paradigms Beyond Gregor Samsa's Imagination, Pedro J. Martinez-Fraga
University of Miami International and Comparative Law Review
No abstract provided.
Paris, The City Of Arbitration?, Pierre Bellet
Paris, The City Of Arbitration?, Pierre Bellet
University of Miami International and Comparative Law Review
No abstract provided.