...main purpose of which is to protect the due process of law of the parties but not to constitute an additional instance to review the arbitral decision.[41] Arbitrability review Article...
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...more than two parties and/or more than one contract. Multi-contract situations can arise between two or more parties. For instance, the parties may enter into a general agreement (often called...
Multi-Party and Multi-Contract Arbitrations: Procedural Mechanisms and Interpretationof Arbitration Agreements ...
...bankruptcy, most of the time, these allegations are groundless. In such instances, a good knowledge of applicable law is key in order for the arbitrator to make the right decision....
TagTime with Prof. Nayla Comair-Obeid – Robust Arbitrators: How to ...
...of blockchain arbitration could well be that it does not just arbitrate a dispute but also facilitates enforcement of the arbitral award. For instance, in the case of small-value e-commerce...
Blockchain Arbitration: Promises and Perils
...determining reasonable care that should be taken by such platforms. For instance, while the CIArb Guidance Note emphasises access to the virtual and physical rooms during the virtual hearing, it...
Technology and Arbitration: The Age of Confidentiality Concerns and Due ...
...Patents held by multinational pharmaceutical companies have not always been given primacy over other basic rights in developing countries such as India and China. For instance, in 2012, Switzerland’s Roche...
The Connection Between a COVID-19 Vaccine, Compulsory Licensing and Potential ...
...with one of the sessions devoted to “The Role of Law in International Arbitration.” The role of law will be determined in the first instance and, most frequently, in the...
The Arbitrator’s Mission and the Application of Law in International ...
...fraud, and shareholder oppression. For instance, under Indian law, shareholder oppression cases are not arbitrable and must necessarily be submitted to the National Company Law Tribunal.[1] In China, antitrust claims...
Determining Arbitrability at the Pre-Award Stage: An Analysis of the ...
...which arguments on climate change form the crux of a case may vary. For instance, in Enrol Vert et al. v Casino, an international coalition of eleven NGOs sued the...
What Role Does Dispute Resolution Have in Tackling Climate Change?
...high standard of proof and refrained from making findings on corruption despite the red flags. For instance, in ICC Case No. 13384, the tribunal concluded there was “no conclusive evidence...
TagTime with Vladimir Khvalei – Corruption in international arbitration: red flags, ...
...idiosyncratic to Indian jurisprudence. For instance, the European Union,[10] the United States,[11] and the United Kingdom,[12] have excluded arbitral awards from their civil procedural law. The reason behind such exclusion...
Foreign Arbitral Awards Under Indian Insolvency Law: Room for Improvement?
...underlying interpretation of the term “investment” and remitted the case to the court of first instance in a 2018 decision. This time around, the Paris Court of Appeal referred the...