Who Says We Are Competent? Confusion Continues over the Competence-Competence Doctrine
The relationship between courts and arbitral tribunals remains blurred, putting in question the efficiency of dispute resolution.
The relationship between courts and arbitral tribunals remains blurred, putting in question the efficiency of dispute resolution.
Parties should consider various factors when deciding whether to apply to a court or arbitrator for interim relief.
Several factors can help parties agree to mediation, such as confidentiality, the stage of the dispute, the likelihood of settlement, and the level of trust among the parties.
The arbitration process includes understanding the governing rules, agenda, and hearing formats to avoid errors, manage expectations, and ensure due process and fairness.