IECL Lunchtime Seminar Series

Fabricio Fortese

Legal Reasoning, Efficiency, and Natural Justice in International Arbitration

Challenges to arbitral awards based on breaches of natural justice are relatively rare, and violations arising from arbitral tribunals merely reproducing the parties’ submissions when drafting awards are even less common. While the practice of 'copying and pasting' from submissions, evidence, and procedural orders for efficiency is not unusual, doing so without due diligence can undermine the integrity of the arbitral process. This approach can raise concerns about authorship and create an impression of bias or unfairness. This seminar explores one of these rare cases and examines the acceptable standards for using 'copy and paste' in adjudicatory decision-making.

David Snyder

The Continuum of Contractual Commitment