...tribunals have decided against such literal interpretations. But perhaps due to the lack of a central, authoritative appellate body, some arbitral tribunals have gone in the opposite direction, unabashedly adopting...
Search Results for : Arbitrators Arbitral Tribunals
...unfortunately, this is still often the case and some factors may contribute to this reality. Often, arbitrators do not consider they must investigate corruption ex officio. Arbitral tribunals also lack...
Columbia Arbitration Day 2021 – Allegations of Corruption in International ...
...raise has become the need of the hour. This post explores how the problematic analysis by the International Center for the Settlement of Investment Disputes tribunals (“ICSID Tribunals”) regarding the...
Necessity in Investment Arbitration: Boosting the ICSID System’s Legitimacy
...that contracting states shall recognize foreign arbitral awards as binding and enforce them without imposing substantially more onerous conditions than are applicable to domestic arbitral awards. As an exception, however,...
Reviewing Colombian Supreme Court Judgments on International Arbitral Awards
...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 ...
...requirement of the arbitral tribunal’s unanimous decision to replace an arbitrator is abolished. (5) Arbitrators’ and secretaries’ liability is limited to willful misconduct and gross negligence. Jurisdiction of the Arbitral...
Unpacking the New Greek Law on International Commercial Arbitration
...international arena. Many authors, such as Gary Born, have condemned the practice on grounds of undue interference in arbitral proceedings.[15] Kompetenz-kompetenz, a key principle of international arbitration, allows arbitral tribunals...
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction
...& J. Ole Jensen, In a ‘First’ Worldwide, Austrian Supreme Court Confirms Arbitral Tribunal’s Power to Hold Remote Hearings Over One Party’s Objection and Rejects Due Process Concerns, http://arbitrationblog.kluwerarbitration.com/2020/10/24/in-a-first-worldwide-austrian-supreme-court-confirms-arbitral-tribunals-power-to-hold-remote-hearings-over-one-partys-objection-and-rejects-due-process-concerns/, Kluwer...
Is it appropriate to conduct a remote hearing under the ...
...tribunal’s decision regarding its jurisdiction under Article 16(3) by a court.[3] This provision stipulates that if the arbitral tribunal rules that it has jurisdiction, any party may request, within thirty...
Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...
Author: Parth Tyagi* Jurisdiction: International Topics: Experts Powers of Arbitrators Authority of the Arbitral Tribunal Arbitrators and Arbitral Tribunals I. INTRODUCTION Party-appointed experts play an essential part in the arbitral...
Crystalizing Jurisprudence: Assessing An Arbitral Tribunal’s Competence To Exclude A ...
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 ...
...arbitral tribunals worldwide. International arbitration has proven to be relatively resilient to these limitations. Some of the tools that are being widely used to cope with the pandemic are videoconferences...