...Arbitral Tribunal Comprehensive Agreement on Investments Confidentiality Confidentiality and Publication Consolidation of Proceedings Contents of the Arbitration Agreement Contract Interpretation Contractual Expansion or Limitation of Judicial Review Contractual or Consensual...
Search Results for : "Arbitration Agreement"
...1924 had entered the lexicon of every American who read the newspaper. The following year, the FAA addressed arbitration agreements involving interstate and foreign commerce. Its enactment by the United...
The Popular Meaning of “Foreign or International Tribunal” in ...
...inoperative or incapable of being performed.” This provision hits directly on the very source of jurisdiction of an arbitral tribunal, i.e., the arbitration agreement. Therefore, if the arbitration agreement is...
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction
...that are available to resolve issues.” Thus, the absence of an arbitration agreement and the resulting failure to arrive at a settlement via mediation would necessarily mean that the dispute...
The Way Forward: An Analysis of India’s New Guidelines for ...
...if the challenging party successfully proves any of the following grounds: a party to the arbitration agreement was under some incapacity; the arbitration agreement is not valid under the law...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
...arbitration agreements specifying who is to be appointed as arbitrator and whether may be regarded as discriminatory (hereinafter referred to as “Discriminatory AAs“). According to ICCP, Article 815(1) no 1,...
The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...
...have continued to show a preference for international commercial arbitration in resolving their cross-border disputes. It is estimated that over 90% of all international commercial contracts contain arbitration agreements on...
A Case for Diversity in the Seat of Arbitration
...a “liberal federal policy favoring arbitration agreements.”[16] This policy requires the courts to adhere to a “broad principle of enforceability” concerning the terms of arbitration agreements, including confidentiality provisions.[17] In...
Confidentiality in International Commercial Arbitration: Determining Factor for Safeguarding the ...
...can bind principals to arbitration agreements signed by authorized agents. The alter ego or veil-piercing doctrine allows arbitration agreements to bind parent companies where corporate separateness has been abused. Third-party...
Issues Relating to Non-Signatories in International Arbitration: A Comparative Analysis ...
Author: Danilo Ruggero Di Bella* Jurisdictions: International Topics: Investor-State Arbitration Procedural Rules An arbitration agreement to submit a dispute to the ICSID need satisfy no requirement other than recording in...
A Potentially Vast Procedural Framework for ICSID Arbitration Provisions Silent ...
...agreement. Thus, English law was applicable to the arbitration agreement and was used to determine whether KFG had become a party to the arbitration agreement. On the other hand, the...
What Should Be the Applicable Law to Arbitration Agreements?
Authors: Mohd Suboor* and Isra Mukhtar** Jurisdictions: International Hong Kong Singapore United Kingdom Topics: Separability Applicable Law Enforceability of Arbitration Agreements Introduction Interpreting an arbitration agreement, defining its existence, and...