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
...is exercising supervisory jurisdiction, to review this decision of the tribunal? If a court overturns the decision of the tribunal, will it not amount to finding the jurisdiction for the... Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...October 12, 2020 in Blog by clairesheridan
...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
...the AAA established a “Commercial Arbitration Tribunal” and set about to create a “national system of tribunals.”[55] Such tribunals consisted of “facilities and services” which commercial parties could use to... The Popular Meaning of “Foreign or International Tribunal” in ...March 17, 2022 in Blog by ARIA
...the arbitral tribunal.[28] The tribunal noted that the immutability of the tribunal forms one of the cornerstones of arbitration.[29] It held that in order to maintain the tribunal’s immutability and... Crystalizing Jurisprudence: Assessing An Arbitral Tribunal’s Competence To Exclude A ...August 14, 2020 in Blog by Claire Sheridan
...where the constitution of the arbitral tribunal is complete and have held that the tribunal has priority in deciding its jurisdiction.[31] However, common law systems do not follow the same... Anti-Arbitration Injunctions: The Endless Tussle for JurisdictionMay 17, 2021 in Blog by clairesheridan
...a decision rendered by the tribunal. In some jurisdictions, parties will employ wire-tapping or other surveillance methods against the tribunal, something that she has experienced. Some parties will even go... TagTime with Prof. Nayla Comair-Obeid – Robust Arbitrators: How to ...April 15, 2021 in Blog / TagTime by clairesheridan
...that parties request interim measures directly to the arbitral tribunal and not the courts.[16] In the event a party defies a tribunal’s order granting provisional relief, the tribunal will need... Provisional Measures in Aid of Arbitration in BrazilJanuary 9, 2023 in Blog / Uncategorized tagged Brazil / Provisional Measures by ARIA
...Claimants and Tribunals (Vol. 30(4) September 2020) Hans Smit, Managing an International Arbitration: An Arbitrator’s View (Vol. 5(1-4) December 1994) Parth Tyagi, Crystalizing Jurisprudence: Assessing An Arbitral Tribunal’s Competence to... Search by TopicMay 10, 2021 by clairesheridan
...a dedicated secretary to one Tribunal. TRIBUNAL SECRETARIES: AN EASY TARGET FOR MOUNTING A CHALLENGE? As set out above, Tribunal secretaries can carry out a wide range of tasks.... Tribunal Secretaries: Aids to Mutually Appointed Arbitrator(s) or Inclusion of ...March 15, 2024 in Blog by Yue-Zhen Li
...jurisdiction. Whereas in the U.S., privilege claims are substantive in nature, in civil law jurisdictions, privileges tend to be considered procedural in nature. The decision is important because it has... TagTime with Samaa Haridi – Legal Privilege in International Commercial ...March 22, 2021 in Blog / TagTime by clairesheridan
...to satisfy itself of jurisdiction, the tribunal also treated China’s position paper as equivalent to a plea on jurisdiction; bifurcated proceedings to deal with these preliminary objections; and issued a... TagTime with Judith Levine – Arbitration in Absentia: How to ...March 4, 2021 in Blog / TagTime by clairesheridan