Jacques Covo’s Post

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Legal Consultant to Commodity Trading Gafta & Fosfa Appeal Arbitration Boards' and Contracts Committees’ ex-member, Geneva

Last week, Global Arbitration Review reported in a post that in the « latest Chartered Institute of Arbitrators (CIArb) Alexander Lecture, ICC Arbitration president Claudia Salomon discussed how arbitral institutions should not just administer cases but protect the integrity of the arbitral process, fairly control participation and access to justice and help parties navigate their way though the process ». I personally believe that the point of “not just administering cases” should also be sensible to organisations that are not arbitral institutions, but administer arbitrations, and this - as recommended during the aforesaid Lecture - with a view to constantly protecting the integrity of the arbitral process.

Ganeshan Subbian

Rule-of-justice Researcher@ CERJ ( Legal Strategist | Mediation | Arbitration )

1mo

"Non-supervised ADRs" - Legally Permitted Injustice" ? Let me share my quick, uncensored thoughts beginning with Hon’ble Justice Mr. Ramkrishna Gavai's remark about an impressive 150000 disputes got settled through mediation @ the inaugural day Commonwealth MED-ARB Conference 2024 @ Hyderabad.Quick question is - if it got settled in a fair & just manner ? My experience goes that many settlements & awards are forced under undue pressure, or psychological tactics or coercion aimed at expediting resolutions or favouring one party, particularly so when substantial financial or property interests are involved, a concerning phenomenon that can be described as "Legally permitted injustice". If we promote ADRs without an adequate supervisory mechanism it would end up as "injustice@jiffy. Supervised ADRs would involve ensuring the entire process—from initiation to award or settlement—is under video surveillance, AI monitoring and mandatory video recording. Litigation, with all its complexities, still remains the superior option, unless ADR processes are thoroughly supervised. Best regards, Adv. Ganeshan Subbian, Promoter - "Guaranteed Justice & Rule of Justice"

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