...it has long been accepted that an arbitral tribunal deciding the parties’ claims is empowered to grant interim measures in connection with those claims. Yet, most of those rules provide... Interim Measures in International Arbitration: The Case for Applying High ...February 14, 2024 in Blog by Yue-Zhen Li
...the Court re-did an analysis of the cancellation clause. The Court concluded that the parties had agreed upon a contingent contract – the contingent event being the grant of Government... The Indian Supreme Court’s Judgment in NAFED v. Alimenta S.A.: ...July 21, 2020 in Blog by Claire Sheridan
...that provisional relief was available in arbitration, it was granted by the arbitral tribunal that was properly seized to grant final relief. Some of these rules provide that the arbitral... Provisional Relief in International Arbitration: The ICC and Other Proposed ...July 30, 2020 by Claire Sheridan
...at least open to serious doubt”. In practice, when a considering whether to grant leave under s. 69, judges apply an impressionistic test (rather than detailed review of the merits)... TagTime with Matthew Gearing QC – Appeals on Questions of ...March 25, 2021 in Blog / TagTime by clairesheridan
...as for grant of interim reliefs under Section 9 of the Act.[8] Thirdly, the provision merely lays down the duty to maintain confidentiality and fails to address the consequences of... Confidentiality Concerns in Arbitration Disputes: Implementation of Confidentiality in Courts ...October 16, 2022 in Blog tagged Confidentiality / international by ARIA
...contrarius at any time. Second, even if the intra-EU BITs grant investors individual rights, the EU States have powers to terminate those rights with the Treaty. Both of these propositions... Treaty Terminating the Intra-EU BITs: a Game-Changer or … Not?September 22, 2020 in Blog by clairesheridan
...proposed Section 50(1)(g) of the Bill[29] grants the arbitral tribunal the power to consider “the costs of obtaining TPF in granting costs of the arbitration.” A TPF agreement is defined... Arbitration Finance in the Aftermath of a Pandemic: Third-Party Funding ...January 28, 2021 in Blog by clairesheridan
...courts would have jurisdiction to grant specific performance of the arbitration agreement, i.e., the power to designate the members of the arbitral panel if a party failed to do so... The Scope of the Separability of the Arbitration Agreement under ...July 30, 2020 by Claire Sheridan
...the amount of compensation that the arbitral tribunal might grant. Based thereon, the current trend in stabilization practice is that SCs cannot prevent a host government from altering the law... Taking Stock of the Validity and Legal Impact of Traditional ...January 4, 2022 by ARIA
...foreign investors beyond that provided in national legal frameworks, including constitutions, laws, and regulations, to grant access to investor-state dispute settlement mechanisms (ISDS). BITs of the Central Asian countries provide... ВITs in Central Asia: Opportunities and RisksOctober 10, 2023 in Blog by Yue-Zhen Li
...equipped to address them. U.S. courts should certainly have a mechanism in place by which they can grant judicial assistance in aid of international arbitration. Section 1782, however, as it... A New World of Discovery: The Ramifications of Two Recent ...July 23, 2020 by Claire Sheridan
...Ms. Lahlou – as a result of the delocalization movement). There is no party autonomy, after all, if the local legal order does not grant it. Clearly, national law of... ARIA Report: “Arbitration in Two Worlds: U.S. and Brazilian Perspectives ...October 21, 2022 in Blog by ARIA