...arbitrators to command the parties to an international arbitration to violate the law. Section II considers the facts of Baxter and the majority and dissenting opinions. Section III sets forth... Judicial Deference to the Authority of Arbitrators to Interpret and ...July 27, 2020 by Claire Sheridan
...publishing of awards to help provide transparency on arbitrators’ track records beyond those opinions published by arbitrators in academia to diversify the pool of arbitrators with available insights and reduce... ARIA Report: “Arbitration in Two Worlds: U.S. and Brazilian Perspectives ...October 21, 2022 in Blog by ARIA
Author: Alejandro M. Garro** Published: December 1990 Description: Article 8 of Colombia’s new arbitration law of 1989 authorizes foreign citizens to serve as arbitrators, unless the parties to the dispute... The Colombian Supreme Court Holds Unconstitutional the Participation of Foreign ...July 30, 2020 by Claire Sheridan
...the grounds for disqualifying an arbitrator], or the absence thereof“.[22] The amended Article 813(1) further specifies that the arbitrators’ duty to disclose is of an ongoing nature, with the arbitrators... The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...January 18, 2023 in Blog tagged Arbitration Reform by ARIA
Author: Lord Leonard H. Hoffmann of Chedworth** Published: April 2011 Topics: Arbitrators and Arbitral Tribunals Court Decisions ADR Description: Presiding Officer: Jennifer Smith*** Jennifer Smith: To introduce our speaker this... Arbitrators and the Courts* – Vol. 21 No. 1-4July 21, 2020 by Claire Sheridan
...a presentation made at the IBA 2018 Conference in Rome on October 11, 2018, as part of a panel devoted to the subject, “How Do International Arbitrators Interpret International Contracts?”... Arbitrators and the Interpretation of Contracts – Vol. 29 No. ...July 9, 2020 by Claire Sheridan
Author: William W. Park* Published: July 1997 Topics: Right to Decide on Jurisdiction Court Decisions Enforceability Description: To what extent — if at all — should judges defer to arbitrators’... Determining Arbitral Jurisdiction: Allocation of Tasks Between Courts and Arbitrators ...July 28, 2020 by Claire Sheridan
...admissibility challenges the validity of the claim itself, i.e., whether a claim should be heard by the arbitrators at all or not. Thus, while an admissibility challenge goes to the... Setting the Clock Back: Judicial Interference in the Appointment of ...June 5, 2023 in Blog by Yue-Zhen Li
Author: Aldo Berlinguer* Published: December 1995 Jurisdiction: International Topics: Independence and Impartiality Commercial Disputes ADR Description: Interest in arbitration as an alternative method for dispute resolution has dramatically expanded in... Impartiality and Independence of Arbitrators in International Practice – Vol. ...July 29, 2020 by Claire Sheridan
Author: Megan K. Niedermeyer* Published: April 2015 Description: The international arbitration community has often been (irreverently) lauded as an “old boys’ network,” intrinsically interconnected in its approach and susceptible to... Ethics for Arbitrators at the International Level: Who Writes the ...July 17, 2020 by Claire Sheridan
Author: Shavonne Hui Si Teo** Jurisdiction: International Topics: Capacity and Qualifications of Arbitrators Challenge of Arbitrators Composition of Arbitral Tribunal Arbitrators and Arbitral Tribunals Jurisdiction and Powers of the Courts... TagTime with Dr Stephan Wilske – The Phenomenon of the ...May 10, 2021 in Blog / TagTime by clairesheridan
...and commercial order which arbitrators have a duty to safeguard. Therefore, in seeking to evaluate the viability of mandatory rules, arbitrators enjoy a margin of appreciation by taking into account... The Role of Blocking Regulations in International Arbitration: A Ground ...August 18, 2020 in Blog by Claire Sheridan