Author: Sima Ghaffari* Jurisdiction: Iran Topics: Reasons Requirement Enforcement of Arbitral Awards International Institutions and Rules Drafting an enforceable and well-reasoned arbitral award is an art. The... Reasoned Arbitral Awards: An Iranian PerspectiveMay 25, 2022 in Blog by ARIA
...the applicability of the torts of champerty and maintenance. Another significant feature of the bills is their second tier tribunals, or “award review tribunals”. These new tribunals would allow the... 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
...of the Arbitration and Conciliation Act, 1996, which provides that “In order to facilitate the conduct of the arbitral proceedings, the parties, or the arbitral tribunal with the consent of... Tribunal Secretaries: Aids to Mutually Appointed Arbitrator(s) or Inclusion of ...March 15, 2024 in Blog by Yue-Zhen Li
...and examined in the manner set by the arbitral tribunal. The arbitral tribunal may direct that witnesses or expert witnesses be examined through means that do not require their physical... Is it appropriate to conduct a remote hearing under the ...January 7, 2021 in Blog by clairesheridan
...arbitration, moderated by Emma Lindsay. Simon Batifort and Ben Love argued on both sides of the proposition that “an arbitral tribunal’s decision should bind other arbitral tribunals subsequently deciding on... 2021 New York Arbitration WeekDecember 5, 2021 in Event by ARIA
...would have sufficed to delegate the said powers to an arbitral tribunal itself, instead of delaying the formation of the arbitral tribunal in the first place. It is a regressive... Setting the Clock Back: Judicial Interference in the Appointment of ...June 5, 2023 in Blog by Yue-Zhen Li
...has followed a different approach. Sections 24(1)(a) and 33(a) refer to the “impartiality” of an arbitrator and the duty of the arbitral tribunal to act “impartially“. However, there is no... The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...January 18, 2023 in Blog tagged Arbitration Reform by ARIA
...through an arbitration agreement, the arbitral Tribunal also cannot have an inherent power to do something that would be inconsistent (including implicitly) with the instrument under which that Tribunal is... Confidentiality in International Commercial Arbitration: Determining Factor for Safeguarding the ...July 18, 2023 in Blog by Yue-Zhen Li
...Arbitration Rules. Article 17.1 provides that “the arbitral tribunal may conduct the arbitration in such manner as it considers appropriate[.]”[3] As an option that the arbitral tribunal “may” consider, Article... Columbia Arbitration Day 2021 — Confidentiality, Transparency, and In-Person Hearings: ...May 13, 2021 in Blog / Columbia Arbitration Day by clairesheridan
Author: Charvi Krishna* Jurisdictions: International Topics: Arbitrability Enforcement of Arbitral Awards Arbitral Adjudication I. INTRODUCTION It is accepted that with the rise in global economic growth, there is also... Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?July 19, 2023 in Blog by Yue-Zhen Li
...parties.[21] The practice rules are finalized in the preliminary meeting of the arbitral tribunal. This can be done because the arbitral tribunal is given the freedom to devise the procedure... Key Considerations in Drafting Dispute Resolution Clause in the COVID ...October 23, 2020 in Blog by clairesheridan
Author: Raúl Pereira Fleury* Jurisdiction: International Switzerland Topics: Independence and Impartiality Arbitrators and Arbitral Tribunals On December 22, 2020, the Swiss Federal Supreme Court (the “Supreme Court”) handled its decision... Beware of What You Tweet – Social Media and the ...February 18, 2021 in Blog by clairesheridan