...were in agreement that international arbitral tribunals did not fall within the ambit of 28 U.S.C. §1782 (“§1782”), the statute dealing with judicial assistance to foreign tribunals and litigants. Instead,...
Search Results for : Tribunals
...respondent’s participation, and tribunals are entitled to render awards in the respondent’s absence. In analyzing the myriad issues that claimants and tribunals face in this situation, this article focuses on...
Respondents’ Non-Participation in International Arbitration: A Practical Analysis for Claimants ...
...Court in its precedential decision number U-III-669/2003, and others that followed, including decision numbers U-III-3000/2007, U-III-4618/2012, and U-III-2542/2014, decided that constitutional claims against decisions and awards of tribunals do fall...
The Role of Tribunals and Courts in Preserving the Rule ...
Author: Claire Hellweg* Jurisdiction: International Topics: Defences Prior to the current COVID-19 pandemic, recent trends have indicated that international tribunals are reluctant to accept claims of force majeure as a...
COVID-19 and Force Majeure: How Will International Arbitral Tribunals Treat ...
...tribunals. The subject was of great interest to Hans Smit. It was one on which he spent substantial time and effort, including the question of its application to international arbitration...
Section 1782 and International Arbitral Tribunals: Some Key Considerations in ...
...which inherently possess jurisdiction to hear disputes as the established organs of law enforcement within a legal system, arbitral tribunals are creations of contracts between parties. Arbitral tribunals exist only...
Challenges to Interim Jurisdictional Awards in Local Courts: The Power ...
...Duggal and Amanda Lee on Delos Dispute Resolution’s TagTime series regarding arbitrability in international arbitration.[1] The discussion focused on the role courts and tribunals play in deciding this particular question....
TagTime with Dr. Julie Bédard*** – Who Decides: Courts or ...
...to liberalize in significant measure the assistance rendered by American courts to foreign and international tribunals. As international arbitration increases its growth, the question of whether Section 1782 provides for...
American Judicial Assistance to International Arbitral Tribunals – Vol. 8 ...
...Institutions and Rules Description: I. INTRODUCTION It is common practice for international arbitration tribunals to appoint secretaries, in most instances with the consent of all parties to the arbitration, to...
Secretaries to International Arbitral Tribunals – Vol. 17 No. 4
...noted that ISDS tribunals usually adopt a wider reasoning that has raised concerns that the quantum assessment often becomes a purely factual analysis (p. 281), in which tribunals have ceased...
Telling Compensable Damages Apart: Addressing Entitlement to Losses of Future ...
...of arbitration that connects these two legal traditions, he would have enjoyed the questions of whether international arbitral tribunals are free to apply a third system, neither common law nor...
The Application of Soft Law, Halakha and Sharia by International ...
Author: Devorah Spigelman Jurisdiction: International United States New York Topics: Arbitrators and Arbitral Tribunals Selection by Arbitral Institution Roster of Arbitrators AAA ADR You can read the...