...determination of issues’ (“Preliminary Determination”), as it proceeds with the express introduction of a mechanism for ‘early disposition mechanism for claims and defenses’ under Article 30 of the ICC Rules...
Search Results for : Preliminary Determination
...Preliminary Determination: A New Avenue for Early Resolution of Preliminary Issues The codification of Preliminary Determination powers in Rule 46 of the SIAC Rules 2025 is a progressive step aimed...
New Year, New Rules: Highlighting 10 Key Features of the ...
...on specific legal questions associated with the determination of the facts), and the extent of any review of the expert determination by a court or tribunal (if any). While it...
How to Limit the Risk of Overlong Post-M&A Arbitrations & ...
...to the arbitrators. The role of other institutions is usually less invasive. For example, the American Arbitration Association does not make any preliminary determination on competence, requires no terms of...
Managing an International Arbitration: An Arbitrator’s View – Vol. 5 ...
...task of construing the term “investment” in Art. 1(6), 26(1) ECT to the ECJ, submitting three specific questions for preliminary ruling as per Art. 267 TFEU. In its recent decision,...
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
...Treaty of Functioning of the EU (the “TFEU”). The prior concerns the jurisdiction of the CJEU to give preliminary rulings on the interpretation of primary and secondary EU law. At...
The Unresolved EU Law Question: Reorganizing the Current Status of ...
...task of making threshold determinations about a claim’s arbitrability. Upon this author’s review, Schein gives little practical guidance to lower courts in delineating the full extent of its previous precedents...
What did the 2018-2019 Supreme Court Term mean for the ...
...the ECJ turned to Article 267 of TFEU, which establishes the preliminary ruling mechanism as a cornerstone of the EU judicial system. This mechanism enables national courts to refer questions...
How Achmea Works Out in the United States: The Enforcement ...
...approach of the Court is indeed problematic on two fronts – first, the merits determination has informed the Court’s use of the Public Policy exception. The Court’s reliance on its...
The Indian Supreme Court’s Judgment in NAFED v. Alimenta S.A.: ...
...determination in any of the other arbitrations. However, unless otherwise agreed by the parties, the various arbitral proceedings will continue to remain separate, with the tribunals issuing separate decisions, rulings,...
Coordinated Proceedings: A logistical boon to save costs while maintaining ...
...the Dream: Autonomous Arbitration.”[10] Prof. Lew asserted that “international arbitration is and should be recognized to be, an autonomous process for the determination of all types of international business disputes....
A Case for Diversity in the Seat of Arbitration
...reviewed.[59] This has been remarked by the noted Swedish scholar Jan Paulsson.[60] For example, a tribunal’s determination whether it possesses jurisdiction or not can be regularly challenged before ad hoc...