...Rules 2020.[3] By adding Article 43 to the ICC Rules 2021, the ICC has specified the applicable law to the Rules. The new provision confers exclusive jurisdiction upon the Tribunal...
...the applicable law. Furthermore, this trend is perhaps even more pronounced in Singapore than in England. Additionally, Mr. Gearing reasons that if parties agree that it will be possible to...
...confronted sports arbitration in general and the CAS in particular have been contemplated. The proposals will address three selected issues: time limits for appeals, applicable law to the merits in...
Author: Andrea K. Bjorklund Published: May 2013 Description: The question of applicable law is one of the most difficult and under-theorized in international investment arbitration. Arbitrators in investment disputes are...
...is requested to apply soft law and religious law are similar in nature, regarding both the general acceptance of these rules as applicable law and the restrictions on their efficacy...
...provide the applicable law unless the party resisting arbitration specifically challenges the choice-of-law clause. Part IV surveys the choice-of-law practices of U.S. courts in arbitration agreement enforcement proceedings, particularly when...
...of law (often referred to casually as “the otherwise applicable law”). As indicated in several of the articles in this issue, other terms – often in other languages (lois de...
...the designation of the applicable law through the mediation of a conflict rule. It follows from that description that the concept has limited meaning in those jurisdictions which routinely adopt...
Author: Bette E. Shifman* Published: June 1990 Jurisdiction: Canada United States Topics: Arbitrators and Arbitral Tribunals Challenge of Arbitrators Commercial Disputes Applicable Law Arbitral Awards Enforcement of Arbitral Awards Interim...
Author: Hans Smit* Published: August 2009 Jurisdiction: United States Topics: Class Action Applicable Law Description: On November 4, 2008, the Second Circuit, in Stolt-Nielsen SA v. AnimalFeeds International Corp., reversed...
Author: Hans Smit* Published: March 1990 Jurisdiction: United States Topics: Arbitrators and Arbitral Tribunals Capacity and Qualifications of Arbitrators Categories of Disputes Arbitrability Applicable Law Lex Mercatoria Arbitral Awards Interest...
Author: W. Laurence Craig* Published: April 2011 Jurisdiction: International Topics: Powers of Arbitrators Right to Determine Applicable Law Right to Determine Validity of Agreement Right to Decide ex aequo et...