...the behest of the arbitral tribunal, or only upon the request of a party after it has been granted permission by the arbitral tribunal. I also suggest that a party...
Search Results for : "Arbitral Tribunal"
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Author: Sampurna Mukherjee* Jurisdiction: India International Topics: Arbitration Clauses Arbitrators and Arbitral Tribunals Jurisdiction of Tribunals I. INTRODUCTION There can be no doubt that today, the preference,...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...of arbitration in the United States precedes that date.”[13] Indeed, the very concept of an arbitral tribunal, as it was known in the United States, goes back to ancient times....
The Popular Meaning of “Foreign or International Tribunal” in ...
...as the foundational principle of international arbitration, ideates that the arbitral tribunal is vested with the power to rule on the question of its own jurisdiction.[1] In practice, this result...
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 ...
...a single national legal system. Article 28(1) of the Model Law reads: “The arbitral tribunal shall decide the dispute in accordance withsuch rules of law as are chosen by the...
Dépeçage in International Commercial Arbitration
Author: Claire Sheridan** Jurisdiction: International Topics: Powers of Arbitrators Arbitrators and Arbitral Tribunals Practice and Procedure In this TagTime episode, Professor Nayla Comair-Obeid† spoke with Professor Dr. Kabir Duggal and...
TagTime with Prof. Nayla Comair-Obeid – Robust Arbitrators: How to ...
...of Metro Railway Safety (CMRS), DAMEPL issued a termination notice terminating the agreement.[6] 2. The Legal Battle DMRC challenged the termination before an arbitral tribunal, which ruled in favor of...
A Case That Travels: DMRC v. DAMEPL and the Universal ...
...measures granted by an emergency arbitrator or arbitral tribunal, shall not constitute breach or waiver of the arbitration agreement and shall not undermine the arbitral tribunal’s competence” (Article 22.4). Following...
Provisional Measures in Aid of Arbitration in Brazil
Authors: Kabir Duggal & Amanda Lee* Jurisdiction: International Topics: Arbitrators and Arbitral Tribunals Composition of Arbitral Tribunal Roster of Arbitrators Designation of Arbitrators “Diversity is being invited...
A 360-Degree, Kaleidoscopic View of Diversity and Inclusion (or Lack ...
...come in the future. Composition of the Arbitral Tribunal Concerning the composition of the arbitral tribunal, Law 5016/2023 introduces the following novelties to ensure its speedy appointment and unobstructed function:...