regarding to the challenge of final award could be prevented by including some safeguards into the Article 9 of the Prague Rules, while it is evident from the wording of the same article
The abovementioned potential problems regarding
to
the challenge of Remove the preposition
apply
f
inal Add an article
the
a
award
could be prevented by including some safeguards into the Article
9 of the Prague Rules, while it is evident from the wording of the same article
that the Working Group did not have any intention or concern for eliminating those risks. One of the most efficient ways for avoiding these risks is to obtain the appropriate waivers from the disputing parties. For instance
, this
safeguard is already to be found in the International Bar Association Guidelines on Conflicts of Interest, General standard 4(d) which indicates that “an arbitrator
may assist the parties in reaching a settlement
of the dispute, through conciliation, mediation or otherwise
, at any stage of the proceedings. However
, before doing so, the arbitrator
should receive an express agreement by the parties that acting in such
a manner shall not disqualify the arbitrator
from continuing to serve as arbitrator
. Such
express agreement shall be considered to be an effective waiver of any potential conflict of interest that may arise from the arbitrator
’s participation in such
a process
, or from information that the arbitrator
may learn in the process
. If the assistance by the arbitrator
does not lead to the final settlement
of the case, the parties remain bound by their waiver”. CEDR Settlement
Rules also
define this
safeguard in its Article
3(3) as “the Parties agree that the Arbitral Tribunal’s facilitation of settlement
in accordance with these Rules will not be asserted by any Party as grounds for disqualifying the Arbitral Tribunal (or any member of it) or for challenging any award
rendered by the Arbitral Tribunal”. Therefore
, the silence of the Article
9 regarding the waiver instrument also
increases the possibility of challenge procedure against the final award
made under the Prague Rules.
Additionally
, Article
9 of the Prague Rules do not give a chance to arbitrator
to resign if the rbitrator
has doubts to hisCorrect your spelling
arbitrator
/
her ability to remain impartial or independent in the future stages of the arbitration proceedings. Article
9.1 which refers to the other settlement
facilitation methods does not even consider any possibility for termination of arbitrator
’s mandate after unsuccessful facilitation process
and, therefore
, has not developed any procedure for this
purpose. According to the Article
9.3 of the Prague Rules, if the mediation does not result in a settlement
within an agreed period of time the mediating arbitrator
can terminate his/
her mandate only when he/
she cannot obtain written consent of the parties regarding his/
her continuance as arbitrator
. However
, International Bar Association Guidelines on Conflict of Interest in General standard 4(d) give this
chance to the arbitrator
by stating that “however
, consistent with General Standard 2(a) and notwithstanding such
agreement, the arbitrator
shall resign if, 11 as a consequence of his or her involvement in the settlement
process
, the arbitrator
develops doubts as to his or her ability to remain impartial or independent in the future course of the arbitration” and CEDR Settlement
Rules in Article
7 also
take the same approach with almost the same wording. As a result
, in the absence of this
safeguard, the Prague Rules have again lost another chance to ensure the enforceability of the final arbitral award
by eliminating the risks of the hybrid procedure.Submitted by zalovagunel1 on
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Structure your answers in logical paragraphs
The easiest way to score well on the IELTS Task 2 writing portion is to structure your writing in a solid essay format.
A strong argument essay structure can be split up into 4 paragraphs, each containing 4 sentences (except the conclusion paragraph, which only contains 3 sentences).
Stick to this essay structure:
- Paragraph 1 - Introduction
- Paragraph 2 - First supporting paragraph
- Paragraph 3 - Second supporting paragraph
- Paragraph 4 - Conclusion