AAA Ad Hoc ADR Advocacy Agreement to Arbitrate Anti-Suit Injunctions Appeal to Arbitral Tribunal and Annulment Applicable Conflict-of-Laws System Applicable Law Apportioning of Costs Arbitrability Arbitral Adjudication Arbitral Awards Arbitral... Search by TopicMay 10, 2021 by clairesheridan
...out with a general description of a conflict, followed by example(s) of the conflict that could arise. The paper will then illustrate how the conflict is dealt with by the... The Advisory Centre on International Investment Law (ACIIL) and the ...January 25, 2023 by ARIA
...sharing of names, documents, email addresses, recording of video calls, and a lot more. Hence, it is pertinent to discuss the need for robust and arbitration specific data protection laws.... International Arbitration: A Miscellany of Data Protection Regimes and its ...July 15, 2020 in Blog by Claire Sheridan
...(2) For this purpose the choice of the laws of a country shall be understood to refer to the substantive laws of that country and not its conflict of laws... The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...January 18, 2023 in Blog tagged Arbitration Reform by ARIA
...their national laws on arbitration. It is undisputed that the Model Law is a success and has played a crucial role in the harmonization of national laws on international arbitration.... The Utility of State Laws Regulating International Commercial Arbitration and ...July 27, 2020 by Claire Sheridan
...“Conflicts of Interest in International Arbitration: Debates and dilemmas surrounding third-party funding and party representation.”[1] The regulation of conflicts of interest is not dissimilar to walking on a tightrope. From... TagTime with Cecilia Azar – Conflicts of Interest in International ...March 18, 2021 in Blog / TagTime by clairesheridan
...the IBA Guidelines on Conflicts of Interest in International Arbitration, wherein an arbitrator’s conflict with a counsel and an arbitrator’s conflict with an expert are contained under the same heading... Crystalizing Jurisprudence: Assessing An Arbitral Tribunal’s Competence To Exclude A ...August 14, 2020 in Blog by Claire Sheridan
...precedents in conflict-of-laws situations. And arbitrators do not always cite arbitration precedents: in the U.S., arbitrators may refer to Delaware law whereas in Brazil, the arbitrators may refer to legal... ARIA Report: “Arbitration in Two Worlds: U.S. and Brazilian Perspectives ...October 21, 2022 in Blog by ARIA
...extraterritorial laws in international arbitration, while Part III will discuss the effect of extraterritorial laws on the subject matter of the dispute. I. EXTRATERRITORIALITY OF LAWS The notion of extraterritoriality... The Extraterritoriality of Laws in International Arbitration – Vol. 29 ...July 9, 2020 by Claire Sheridan
...addressing conflicts of interest for arbitrators in Brazil, although the IBA Guidelines on Conflicts of Interest in International Arbitration (“IBA Guidelines”) are usually considered in the analysis of potential conflicts... The Brazil-Nigeria Samba: From Partners in Business to Parties in ...June 20, 2022 in Blog tagged Arbitral Procedure / Arbitration Rules / Investment Disputes / Recognition and Enforcement by ARIA
...a means of avoiding arbitration clauses. In India, there is a general consensus that arbitration clauses should be avoided to enforce mandatory laws, such as competition laws, which aim to... Harmonizing Arbitration and Competition Law Disputes: Pursuing Consistency In AdjudicationJune 23, 2023 in Blog by Yue-Zhen Li
...to violate certain aspects of the United States antitrust laws. The majority decision concluded that, even where federal law may be violated by the conduct required by the tribunal, the... Judicial Deference to the Authority of Arbitrators to Interpret and ...July 27, 2020 by Claire Sheridan