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Search Results for : Authority Arbitral Tribunal

...commercial arbitral tribunals are covered within the definition of “foreign or international tribunal” under 28 U.S.C. § 1782.[13] Dicta in Intel seems to suggest that private international commercial arbitral tribunals...
Using 28 U.S.C. § 1782 to Assist a Private International ...

...jurisprudence pertaining to judicial review of negative jurisdictional findings by an arbitral tribunal and answer whether courts can intervene at this stage to overturn the decision of a tribunal that...
Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...

...panel of arbitrators itself: “Tribunal. A tribunal in arbitration is composed of one or more arbitrators with the authority to hear and decide disputes. Tribunal may also be used as...
The Popular Meaning of “Foreign or International Tribunal” in ...

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’ ...

...that parties request interim measures directly to the arbitral tribunal and not the courts.[16] In the event a party defies a tribunal’s order granting provisional relief, the tribunal will need...
Provisional Measures in Aid of Arbitration in Brazil

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 ...

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 ...

...dilatory tactics employed by counsel to delay and frustrate arbitral proceedings, as well as attempts to destabilise arbitral tribunals. In this context, she has seen not only that counsel have...
TagTime with Prof. Nayla Comair-Obeid – Robust Arbitrators: How to ...

...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

...international arena. Many authors, such as Gary Born, have condemned the practice on grounds of undue interference in arbitral proceedings.[15] Kompetenz-kompetenz, a key principle of international arbitration, allows arbitral tribunals...
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction

...same arbitrators or, with the parties’ express agreement, before another arbitral tribunal. The arbitral tribunal shall also have the power to terminate the arbitral proceedings if the relevant dispute has...