...could find in the applicant’s favour? If yes, Early Dismissal procedure may be allowed to be instituted. If the application does not clearly fall within either category, or if the...
Search Results for : Early Dismissal
...parties requiring immediate relief. Early Dismissal of Claims and Defences: The Striking Out Equivalent Application: A party may apply to the Tribunal for early dismissal of claim or defence...
New Year, New Rules: Highlighting 10 Key Features of the ...
...case previously discussed, the court found that non-compliance with a conciliation clause warranted a stay rather than dismissal of arbitration proceedings.[27] However, by ordering a stay rather than dismissal, the...
A Comparative Analysis of the Enforcement of Multi-tier Dispute Resolution ...
...the clause clearly indicates that incremental progress toward curing defects, even if incomplete, was sufficient to prevent termination.[22] The Court held that the tribunal’s unreasonable interpretation frustrated the intent of...
A Case That Travels: DMRC v. DAMEPL and the Universal ...
...Several features that form part of institutional arbitral rules, such as expedited procedure, early dismissal, emergency arbitration, interim and conservatory measures, and escalating dispute resolution mechanisms, facilitate the timely resolution...
What Role Does Dispute Resolution Have in Tackling Climate Change?
...Popular meaning in early U.S. history: an ancient concept adopted by trade associations “Although the history of arbitration in the United States is commonly traced back to enactment of the...
The Popular Meaning of “Foreign or International Tribunal” in ...
...and the Metal-Tech v. Uzbekistan[13] in which corruption at an early stage of the investment lead to dismissal for lack of jurisdiction. On the other hand, corruption during the investment’s...
Columbia Arbitration Day 2021 – Allegations of Corruption in International ...
Author: Loukas Mistelis* Published: April 2008 Jurisdiction: International Topics: Mandatory Rules Description: Few legal issues ignite such major debates amongst lawyers as the issue of mandatory rules of law. Most...
Mandatory Rules In International Arbitration: Too Much Too Early Or ...
...presented too early” that was supposedly made clear in the American precedent.[69] There was only a cursory and insignificant mention of the latter, that was not even remotely pertinent to...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...assumption of jurisdiction was invalid, and recognition of the award’s residual dismissal of outstanding claims. The justifications were taken from both of Article V’s paragraphs. The court suspended the creditor’s...
Seated Elsewhere, Sued at Home: Pakistan’s Unheard Answer to Star ...
...to be annulled or granted recognition or enforcement. This all-important early stage in the relationship between courts and arbitral tribunals has simply not received the sustained attention it deserves. This...
The Role of National Courts at the Threshold of Arbitration* ...
...resolution mechanisms is evidenced by his early and frequent advocacy of collaborative dispute-resolution techniques, and his passion for service palpable through his passionate teaching style. The dispute resolution continuum, in...