...international commercial arbitration is the parties’ freedom to agree upon the arbitral procedure.”). [46] See Brief for Dr. Xu Guojian et al. as Amici Curiae in Support of the Respondents...
Search Results for : "Arbitral Procedure"
...the scope of the submission to arbitration, d) composition of the arbitral authority or the arbitral procedure was not in accordance with the arbitration agreement or the law of the...
Reviewing Colombian Supreme Court Judgments on International Arbitral Awards
Authors: Marilyn Onukwugha & Vanessa Winkler* Jurisdiction: Brazil Nigeria Topics: Arbitration Rules Arbitral Procedure Recognition and Enforcement of Arbitral Awards Investment Arbitration INTRODUCTION Brazil-Nigeria relations are...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
...award may be set aside […] if: […] the arbitral procedure was not in accordance with the agreement of the parties […]”). [78] See Cesare P.R. Romano et al., The...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...(S.D.N.Y. Aug. 27, 2008). [45] Gorskie, supra note 41, at 295-96; S. I. Strong, Anti-Suit Injunctions in Judicial and Arbitral Procedures in the United States, 66 Am. J. Comp. L.153,...
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction
...[24] UNCITRAL Model Law on International Commercial Arbitration, supra note 17, Art. 19(2). [25] United Nations Int’l Law Comm’n, Commentary on the Draft Convention on Arbitral Procedure, at Pg. 8...
Crystalizing Jurisprudence: Assessing An Arbitral Tribunal’s Competence To Exclude A ...
Authors: Ryan Mellske and Enning Chang[1] Jurisdictions: International United States Topics: Discovery in Aid of Arbitration Procedure Arbitral Process Domestic Arbitration Law “We must go back to the time...
The Popular Meaning of “Foreign or International Tribunal” in ...
...the arbitral award from being made. Paragraph 5. If an arbitrator is replaced during the arbitral procedure, the alternate, at his discretion, may determine what evidence will be repeated.” Arbitration...
Provisional Measures in Aid of Arbitration in Brazil
...remote hearing, whether an arbitral tribunal has the authority to order so. Parties’ arbitration agreement incorporating institutional rules which further grant arbitrator(s) power to determine the arbitral procedure, poses an...
Is it appropriate to conduct a remote hearing under the ...
...Law of 1994 notes that the choice of the seat of arbitration does not necessarily mean that all arbitral procedures have to take place within the geographic scope of this...
Key Considerations in Drafting Dispute Resolution Clause in the COVID ...
...over arbitral procedures from the parties to the SIAC Institution and the concerned SIAC appointed tribunal. As pointed out by Gary L. Benton, this shift in control has led to...
The Perceived Tension Between Party Autonomy and Expedited Procedure Under ...
...the law under which the award was made referred not to the law governing the arbitral procedure (curial law) but to the law governing the substance. Therefore the New York...