...awards to be appealed on the basis of questions law. A DELICATE BALANCE Mr. Gearing’s interest in the question of whether appeals on questions of law are worth the trouble...
Search Results for : %22Preliminary Questions%2FReferee%22
...fundamental difference would be that unlike law school where only the professor asks the questions, all attendees can ask open-ended questions and move the discussion along with a view to...
Reimagining Webinars
...of a dispute along with questions that are popularly referred to as “gateway questions.” These gateway questions include, but are not limited to, issues such as whether the parties have...
TagTime with Dr. Julie Bédard*** – Who Decides: Courts or ...
...difficult and important questions that it might otherwise have had to address and that warrant serious consideration. I. THE BASIC FACTS Starting in 2003, the Russian tax authorities charged Yukos...
The Yukos Annulment: Answered and Unanswered Questions – Vol. 27 ...
...some questions surrounding the controversy of whether fraud is arbitrable in India. The short answer to this question is – yes. Why then have there been concerns around this issue...
Why So Serious? – The Avitel Case – India, Serious ...
...questions unanswered. In particular, it did not address the fate of the Energy Charter Treaty (hereafter “ECT”). In its recent judgment in Case C-741/19 of 2 September 2021,[3] the ECJ...
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
Authors: Eduardo Palmer* and Eliana Lopez** Published: April 2004 Topics: Commercial Disputes Dispute Resolution and Litigation ADR Enforcement of Arbitral Awards Enforceability Description: I. INTRODUCTION The principle of party autonomy...
The Use of Multi-Tiered Dispute Resolution Clauses in Latin America: ...
...and human rights questions, reforming investment arbitration, practical ways to implement diversity, technology and decentralized justice, and conflicting ethical issues. Summaries of these discussions were prepared by members of the...
Columbia Arbitration Day 2020
...motion to compel arbitration because, by the language of the arbitration agreement, the claim seeking injunctive relief was not arbitrable. The defendants countered that, by the terms provided, any questions...
What did the 2018-2019 Supreme Court Term mean for the ...
...adjudication through an expert panel and conciliation as well as 2) the twin debatable and unavoidable questions of jurisdiction of a tribunal versus admissibility of a particular claim to be...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...of Corruption in International Arbitration[6] assembled to approach some of the core questions with which tribunals have been grappling, especially regarding questions of the standard of proof. What has emerged...
Columbia Arbitration Day 2021 – Allegations of Corruption in International ...
...interplay of law and politics at the WTO raises systemic questions about the uses and limits of judicialized dispute resolution at the international level. The paper implicitly raises a number...