Author: MJDR

The author of this article and all parties and events described herein have been anonymized for confidentiality reasons. I.     INTRODUCTION Dispute resolution will always need a holistic approach keeping in mind, at all times, the bottom line. At the end of the day, the debate on theoretical or statistical superiority...

This article is a brief consideration of the matter of arbitration in sport - what it means, how it came about, how and why it works, and why it is particularly important as an aspect of sport governance. It is intended to provide the reader with a particular perspective of...

The Caribbean Court of Justice (CCJ) is a pivotal CARICOM institution, effectively representing the attempts to integrate the various economic and cultural realities of the region. The article tackles this central aspect by focusing on its constitutional role. After a historical introduction, the author addresses the original and appellate jurisdiction...

In this article, the author highlight the marginal role of moral damages in international investment law. He emphasizes that the role of these damages is vaguely defined, which prevents arbitral tribunals from awarding them in most cases. The first part of the article defines the concept of moral damages and...

In this article, the author focuses on the judicial review of “international” arbitral awards. He emphasizes the peculiarities of French law, which are essentially grounded on the conception of an autonomous arbitral legal order (Putrabali). The first part of the article deals with the mandatory requirements of arbitral awards (reasons, scope of arbitral jurisdiction, etc.), while the second...

By Haig Oghigian   Arbitrators are supposed to be impartial and focus on the merits of a party’s position, but they are also human – which means a counsel’s unprofessional behavior has the potential to negatively impact his or her case. Although each arbitrator is of course different with individual preferences, opinions,...

Anaël Tchoulfian   Please note that contributions to our blog are not translated   Pas un jour ne passe depuis la fin des réjouissances du 31 décembre sans un commentaire de notre entourage quant aux résolutions du nouvel an. Qu'elles soient sincères ou de mauvaises foi, subies ou choisies, là n'est pas la question:...

Samantha Levy - MJDR Podcast For our inaugural episode, Samantha Levy sits down with its coordinator, Marleen Stacey, to discuss why the program was started, how it addresses particular needs within the community, and how her training as a social worker has assisted her in her practice. Ms. Stacey presents the range...

The arbitration landscape has changed significantly over the last few years. Fault lines have emerged, including the rising cost of arbitrations, the length of time taken to conclude arbitrations, the concerns over the true impartiality of arbitrators, the dissatisfaction with an unregulated industry, and the growing disconnect with end-users. Focusing...

The author seeks to demonstrate the importance of culture in international arbitration by reflecting on his own personal experience in the arbitration department of a large international firm. Culture plays a critical role in international arbitration as cases often involve clients from different countries. Moreover, fluency in different languages, familiarity...