...commercial arbitral tribunals are covered within the definition of “foreign or international tribunal” under 28 U.S.C. § 1782.[13] Dicta in Intel seems to suggest that private international commercial arbitral tribunals... Using 28 U.S.C. § 1782 to Assist a Private International ...December 6, 2021 in Blog by ARIA
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
Author: Sampurna Mukherjee* Jurisdiction: India International Topics: Arbitration Clauses Arbitrators and Arbitral Tribunals Jurisdiction of Tribunals I. INTRODUCTION There can be no doubt that today, the preference,... Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...April 28, 2022 in Uncategorized by ARIA
...jurisprudence pertaining to judicial review of negative jurisdictional findings by an arbitral tribunal and answer whether courts can intervene at this stage to overturn the decision of a tribunal that... Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...October 12, 2020 in Blog by clairesheridan
...appoint the arbitrators …”);[120] and for investor-State arbitrations (“The Arbitral Tribunal (hereinafter called the Tribunal) shall be constituted as soon as possible … The Tribunal shall consist of a sole... The Popular Meaning of “Foreign or International Tribunal” in ...March 17, 2022 in Blog by ARIA
Author: Parth Tyagi* Jurisdiction: International Topics: Experts Powers of Arbitrators Authority of the Arbitral Tribunal Arbitrators and Arbitral Tribunals I. INTRODUCTION Party-appointed experts play an essential part in the arbitral... Crystalizing Jurisprudence: Assessing An Arbitral Tribunal’s Competence To Exclude A ...August 14, 2020 in Blog by Claire Sheridan
...dilatory tactics employed by counsel to delay and frustrate arbitral proceedings, as well as attempts to destabilise arbitral tribunals. In this context, she has seen not only that counsel have... TagTime with Prof. Nayla Comair-Obeid – Robust Arbitrators: How to ...April 15, 2021 in Blog / TagTime by clairesheridan
Authors: Kabir Duggal & Amanda Lee* Jurisdiction: International Topics: Arbitrators and Arbitral Tribunals Composition of Arbitral Tribunal Roster of Arbitrators Designation of Arbitrators “Diversity is being invited... A 360-Degree, Kaleidoscopic View of Diversity and Inclusion (or Lack ...July 27, 2022 by ARIA
...same arbitrators or, with the parties’ express agreement, before another arbitral tribunal. The arbitral tribunal shall also have the power to terminate the arbitral proceedings if the relevant dispute has... Unpacking the New Greek Law on International Commercial ArbitrationMarch 12, 2024 in Blog by Yue-Zhen Li
...measures granted by an emergency arbitrator or arbitral tribunal, shall not constitute breach or waiver of the arbitration agreement and shall not undermine the arbitral tribunal’s competence” (Article 22.4). Following... Provisional Measures in Aid of Arbitration in BrazilJanuary 9, 2023 in Blog / Uncategorized tagged Brazil / Provisional Measures by ARIA
...the decisions contained in the arbitral award without regard to any substantial or evidentiary aspect.[39] In addition, any error should be “manifest,”[40] which necessarily means that the arbitral tribunal considered... Reviewing Colombian Supreme Court Judgments on International Arbitral AwardsFebruary 26, 2024 in Blog by Yue-Zhen Li
...international arena. Many authors, such as Gary Born, have condemned the practice on grounds of undue interference in arbitral proceedings.[15] Kompetenz-kompetenz, a key principle of international arbitration, allows arbitral tribunals... Anti-Arbitration Injunctions: The Endless Tussle for JurisdictionMay 17, 2021 in Blog by clairesheridan