Sayfa 81Members of the audience had the opportunity to put questions to the panellists. Some…
Harold FREY, moderator, opened the discussion:…
Maybe we can come back on one point you mentioned, Wolfgang. Counsel, of course,…
Another recent example concerned a summary judgment (or early dismissal) application.…
Wolfgang PETER:…
I would say two points and will be brief. One is that each real question and answer…
I would say that that debate honestly has been going on for decades. I was a very…
So, if you don’t have courage, then we don’t have what Dr. Patocchi called for at…
I once read an article about guerrilla tactics. I think it listed 24 tactics. In…
Question:…
The next question concerned identifying an arbitrator with the necessary qualities:…
Ziya AKINCI:…
Personally speaking, personal experience is very important. No one can ignore this…
Approaching the candidate, approaching the arbitrator is very acceptable. First of…
Question:…
Another speaker asked how counsel could hold an arbitral tribunal’s attention: “As…
Wolfgang PETER:…
Let me first start by saying that you can find out that the tribunal may not be interested…
So, use the tools which I mentioned before. You try to provoke question and answer…
We have to consider that arbitrators should engage in some form of dialogue with…
Paolo Michele PATOCCHI:…
A part of the question cannot be answered, or must be answered in the negative, in…
But sometimes a party seeks more transparency as I witnessed in a hearing recently.…
Question:…
A speaker asked about the neutrality of party-appointed arbitrators: “I have two questions to the panel. Professor Akıncı said that party-appointed arbitrators are supposed to be neutral and impartial. He also added that he selects and nominates an arbitrator with whom he has previous experience and he feels more comfortable. And then Dr. Peter said that the party expects the arbitrator that he or she appoints to be supportive of his or her case. And Dr. Patocchi said that the chair is actually the ultimate authority with respect to partiality in an arbitration procedure. So, my first question is whether party-appointed arbitrators are really impartial, and whether this question is actually more crucial in investment disputes or investment arbitrations than it…
Harold FREY:…
Let me try to give an answer and I will then hand over to my colleagues. The issue…
Ziya AKINCI:…
First, I would like to point out two statistics or two discussions. The first one…
The second related topic is, according to the ICC statistics, more than 90% of awards…
Wolfgang PETER:…
I think one point is really important to understand, namely a party rarely completely…
Paolo Michele PATOCCHI:…
If I may add three short points. Number one: In Swiss law to the extent it is relevant…
Question:…
Another audience member asked about the availability of sought after arbitrators:…
Ziya AKINCI:…
This is a very challenging question. We experienced it with an internationally very…
I had a couple of arbitrations with this chairman under ICC Rules, etc. He was very…
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