IBA Annual Conference Seoul 2019
22 Sep - 27 Sep 2019
Room 300, Floor 3
Session information
When arbitration ceases to be adversarial and becomes inquisitorial: the plight of arbitrators seeking to reconcile due process and finding the relevant facts and law
Monday 23 September (1430 - 1545)
Room 300, Floor 3
Committee(s)
Arbitration Committee
(Lead)
Description
A dilemma frequently faced by arbitrators is the situation in which either or both of the parties have failed to identify relevant evidentiary points or develop important legal arguments that in the arbitrators’ minds have a direct bearing on the outcome of the case. This panel addresses whether arbitrators in those circumstances can or should proceed in an inquisitorial manner so as to ensure that justice is done; and, if so, what techniques are available to them to do this in a manner that avoids due process grievances.
Session / Workshop Chair(s)
| Ndanga Kamau | Ndanga Kamau Law, Den Haag, Netherlands; Vice Chair, Arbitration Committee |
Speakers
| Chiann Bao | Bao Arbitration Services Pte Ltd, Singapore, Singapore |
| Bernard Hanotiau | Hanotiau & van den Berg, Brussels, Belgium |
| Marianne Kecsmar | PKM Avocats, Paris, France |
| Kap-You (Kevin) Kim | |
| Justice Nigel Kalonde Mutuna | Supreme Court of Zambia, Lusaka, Zambia |