IV. CONFLICTS BETWEEN AGREED POINTS OF PROCEDURE AND GOOD CASE MANAGEMENT
1. A Few Examples of a Conflict between Agreements as to Procedure and the Arbitrator’s Duty to Proceed as a Diligent Case Manager
Example No. 1a: Provisional Timetable Agreed upon between the Parties. Before…
Example No. 1b: Agreed Duration of the Evidential Hearing. The parties before…
Example No. 2a: Parties’ Agreement to Refuse a Bifurcation of the Proceedings Suggested by the Sole Arbitrator. The…
Example No. 2b: Agreed Bifurcation of the Proceedings Combined with a Short Timetable. The…
Example No. 3: When the Tribunal Proposes to Appoint an Expert, the Parties Agree that no Expert Should Be Appointed. Two…
Example No. 4: Interim Relief Sought by Each Party in a Milan Arbitration. The…
Example No. 5: Agreement to File Post-Hearing Briefs in Two Simultaneous Rounds in a Milan Arbitration. The…