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...from the weight that the Tribunal will accord to his evidence.”) [17] UNCITRAL Model Law on International **Com**mercial Arbitration, Art. 18 (1985), https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/en/19-09955_e_ebook.pdf. [18] Gary Born, International **Com**mercial Arbitration, Pg....

Crystalizing Jurisprudence: Assessing An Arbitral Tribunal’s Competence To Exclude A ...

August 14, 2020 in Blog by Claire Sheridan

...to acquire the shares of **Com**binatul Siderurgic Resita, a state-owned mining **com**pany.[17] There, the tribunal was tasked with interpreting the United States-Romania umbrella clause, which provided that “[e]ach Party shall...

Empirics-Based Umbrella Clause Interpretation

July 20, 2022 in Blog tagged international / Investment Arbitration / Umbrella Clauses by ARIA

...commercial contracts, tortious claims, class action suits, etc. History and Current Legal Status of TPF in India Historically, they have been illegal under English law, as they were considered...

Third Party Funding In Arbitration In India

March 21, 2022 in Blog by ARIA

...at 21. [18] UEFA Statement on FC Sion/Olympique des Alpes (Oct. 11, 2011), https:/**/www**.uefa.com/insideuefa/about-uefa/news/01f6-0e7a2e64858d-d5acc3d862a0-1000–uefa-statement-on-fc-sion-olympique-des-alpes/ (last accessed Aug. 20, 2022). [19] Reilly supra note 15, at 77. [20] Id. at 77-8....

Proposals to Amend the Code of the Court of Arbitration ...

November 23, 2022 in Blog tagged Sports Arbitration by ARIA

...arbitration.” Whom exactly did the arbitral tribunal have in mind when making such an order? More precisely, what was envisaged with such an order? We can even go a little...

Third-Party Funding – In Search of a Definition – Vol. ...

July 10, 2020 by Claire Sheridan

...case of JSC Tsargrad **Med**ia v. Google (Case No. А40-155367/2020), where the Petitioner submitted that **com**mencing arbitration against Google would not be viable given the travel ban imposed on the...

Arbitration or Sanctions: Who Survives the Battlefield?

April 28, 2023 in Blog by Yue-Zhen Li

...keeps reminding us: “Dreams do **com**e true.” But arbitration is too serious a business to be **com**pared to Disney Land, right? It is not fun and games. After all, you...

Metaverse’s First Arbitration Proceeding

September 25, 2023 in Blog by Yue-Zhen Li

...an injunction whereby a party seeks restraining **order**s against the other party to proceed or **com**mence with an arbitration proceeding in pursuance of the arbitration agreement between the parties. The...

Do Indian Courts have the Power to Grant Anti-Arbitration Injunctions?

October 8, 2020 in Blog by clairesheridan

...party from their property in a manner that is deemed to be proportional, this amounts to expropriation and therefore the state liable to pay **com**pensation. However, the same cannot be...

Enforcing Arbitral Awards on Expropriation Under the Environmental Magnifying Glass

September 25, 2020 in Blog by clairesheridan

...have jurisdiction for violations that occur at sea. However, a **com**mon requirement to access them is the exhaustion of local remedies or **com**pelling proof that following domestic judicial procedures would...

TagTime with Dr. Yas Banifatemi – Arbitration as a means ...

March 11, 2021 in Blog / TagTime by clairesheridan

...State and Arbitral Procedures in International Arbitration, Chapter 6, DOSSIERS OF THE ICC INSTITUTE OF WORLD BUSINESS LAW, NO. 692, available from www.iccbooks.com. The presentation style has been intentionally preserved....

Arbitral Forum Shopping: Observations on Recent Developments in International Commercial ...

July 26, 2020 by Claire Sheridan

...balance of arbitral centers worldwide? [1] Best States for Business: California, Forbes, https://www.forbes.com/places/ca/ (last visited Feb. 22, 2018). [2] Birbrower v. Superior Court of Santa Clara County, 949 P.2d 1...

Why is California So Behind in International Arbitration and Is ...

February 22, 2018 in Blog by ARIA