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Derek Kantaria has been a qualified mediator and arbitrator for seven years, during which time he has successfully mediated around 30 substantial disputes (as well as many less high-profile disputes); and has sat as arbitrator on eight occasions in import - Essay Example

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In international arbitration procedures, severe disagreements may arise between the conflicting parties, especially because the…
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Derek Kantaria has been a qualified mediator and arbitrator for seven years, during which time he has successfully mediated around 30 substantial disputes (as well as many less high-profile disputes); and has sat as arbitrator on eight occasions in import
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"Derek Kantaria has been a qualified mediator and arbitrator for seven years, during which time he has successfully mediated around 30 substantial disputes (as well as many less high-profile disputes); and has sat as arbitrator on eight occasions in import"

Download file to see previous pages In the contemporary world, most arbitration laws and arbitration policies now incorporate a provision that bestows the parties involved in the arbitration liberty to set the rules on how the information they disclose should be handled the evidence. In the absence of such an agreement, which is mostly the case, the provision bestows the arbitral tribunal the discretion to decide all procedural issues.
The paper will reflect on the development of common and civil law fusion principles with regard to matters of handling and disclosure of evidence obtained in an international arbitration process on a case presented by Derek Kantaria. Derek Kantaria’s predicament is that he has attempted to mediate the dispute without success, and is now at the point in the arbitration where he believes that he must mediate again, but this time (unlike the first time) he will have to see the parties in separate caucuses. Derek Kantaria is also concerned because one of the issues in the dispute concerns an international boundary; and, further, he believes that he might be called to give evidence in an international tribunal. The purpose of the paper is to analyse the circumstances, identify all the procedural issues arising, and advise Derek Kantaria about what problems he might expect to face once the dispute has been resolved, either by agreement or by Award.
Arbitration proceedings happening in a specific jurisdiction are usually subject to the pertinent arbitration legislation of that jurisdiction3 (i.e., the proceedings are usually governed by the local system of law in the location of arbitration, for example proceedings happening in the UK are governed by the Arbitration Act 1996 (UK) c 23). In Derek’s case, the law applicable in the governing of the proceedings is the English law. As a corollary, Derek Kantaria is obligated to comply with the compulsory rules and any supplementary regulations that apply in ...Download file to see next pagesRead More
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