Published: May 2002 Topics: International Institutions and Rules ICC UNCITRAL Model Law Description: On November 18, 2002, the International Arbitration Institute (“IAI”) launched an international arbitration forum in the form...
Search Results for : %22Choice of Forum%2FPlace of Proceedings%22
Author: Alan Scott Rau* Published: August 2012 Description: I. MONDE RE AND FORUM NON CONVENIENS Precisely what is a federal court expected to do when asked to enforce a foreign...
The Errors of Comity: Forum Non Conveniens Returns to the Second ...
...of the Philippines. The first was whether an exclusive forum selection clause stood in the way of arbitration pursuant to the applicable BIT. The second was whether the ICSID panel...
The Forum Selection Clause in Arbitration Under a Bilateral Investment ...
...enforcing court over the debtor or his property and the doctrine of forum non conveniens as grounds for refusing recognition and enforcement. The central purpose of the New York Convention...
Lack of Jurisdiction and Forum Non Conveniens as Defenses to ...
...duty to maintain the integrity of the arbitral proceedings.[25] In a hypothetical situation, what if a party to the arbitral proceedings introduces an expert only to challenge one of the...
Crystalizing Jurisprudence: Assessing An Arbitral Tribunal’s Competence To Exclude A ...
...rarely take longer than litigation before state courts,[4] except for investor-state dispute settlement (“ISDS”). Unlike traditional legal proceedings, an arbitral tribunal may issue partial awards, by bifurcating the proceedings at...
The Perils of Intra-Corporate Arbitration for ESG Disputes
...process was not observed. Challenge proceedings do not automatically stay enforcement proceedings. However, given that they are based on ordinary BCCP proceeding rules, a party may request provisional relief to...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
...would be incentivized to indulge in forum shopping, involving additional investment of time and resources in the preferred forum or delaying the process of dispute resolution, leading to intentional non-compliance...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...in arbitration proceedings in 2011, mandating non-disclosure of any information pertaining to arbitral proceedings. Where parties do not agree on confidentiality measures, statutory restrictions will apply. The three exceptions are...
Confidentiality in International Commercial Arbitration: Determining Factor for Safeguarding the ...
...and privacy of proceedings are crucial as the parties may have chosen Alternative Dispute Resolution (ADR) proceedings for reasons like protecting a trade secret or safeguarding their reputation. Although confidentiality...
Technology and Arbitration: The Age of Confidentiality Concerns and Due ...
...that a fully realized doctrine of mandatory rules has emerged. Work on mandatory rules begins with a somewhat mundane observation: forum courts considering contracts governed by foreign law will sometimes...
Mandatory Rules In Civil Litigation: Status Of The Doctrine Post-Globalization ...
...the supposed lack of exposure and/or the availability of insufficient information about diverse arbitrators; (2) the impact of unconscious bias; and (3) the confidentiality of many arbitrations. Arbitral proceedings, including...