Author: Stefano Castoldi* Jurisdiction: International Italy Topics: Arbitrability National Legislation INTERNATIONAL TRENDS IN CORPORATE ARBITRATION AND THE ITALIAN LEGISLATION The arbitrability of corporate disputes (i.e., disputes among the “internal” stakeholders... International corporate arbitration: when the arbitration clause in a corporation’s ...January 18, 2021 in Blog by clairesheridan
...However, the use of the term “arbitrability” in the framing of this question has introduced and is the source of substantial confusion. This is because the term “arbitrability,” as used... The Rules Governing Who Decides Jurisdictional Issues: First Options v. ...July 21, 2020 by Claire Sheridan
...which, or under the law of which, that award was made. (V, 1, a-e)Additionally, some other exceptions pertain to subject matter inarbitrability or violation of the country’s public policy in... Reviewing Colombian Supreme Court Judgments on International Arbitral AwardsFebruary 26, 2024 in Blog by Yue-Zhen Li
...explains Law 5016/2023 by highlighting the practical approach of the revision and its most important novelties. Scope of Application and Arbitrability Law 5016/2023 may apply only upon the parties’ agreement... Unpacking the New Greek Law on International Commercial ArbitrationMarch 12, 2024 in Blog by Yue-Zhen Li
Author: Nathalie Voser** Published: December 1996 Jurisdiction: International Topics: Commercial Disputes Arbitrability Dispute Resolution and Litigation Mandatory Rules Description: There is uncertainty in the international world of arbitration about the... Mandatory Rules of Law as a Limitation on the Law ...July 29, 2020 by Claire Sheridan
Author: Varun Tyagi* Jurisdictions: India Topics: Competence-Competence Delegation Arbitrability Anti-Arbitration Injunction Introduction Signatories to arbitration agreements often resort to Civil Courts seeking to enjoin their signatories counterparties from initiating or... The Muddy Waters of Anti-Arbitration Injunctions in IndiaNovember 17, 2021 in Blog by ARIA
...International Journal of Diplomacy and Economy 388 (2017). [25] Nihit Nagpal and Devika Mehra, Public Policy and Arbitrability Challenges Enforcement of Foreign Arbitral Awards in India, MONDAQ https://www.mondaq.com/india/arbitration–dispute-resolution/1211184/public-policy-and-arbitrability-challenges-to-enforcement-of-foreign-arbitral-awards-in-india (Accessed: Mar... Assessing the Public Policy Exception and Comparative Perspectives in Enforcing ...June 14, 2023 in Blog by Yue-Zhen Li
Author: Tamieka Spencer Bruce* Published: April 2010 Jurisdiction: International Topics: Categories of Disputes Commercial Disputes Arbitrability Dispute Resolution and Litigation Mandatory Rules Description: I. INTRODUCTION Globalization and the rise of... A Choice of Public Law? Resolving the International Arbitration’s Dilemma ...July 21, 2020 by Claire Sheridan
...Hague Rules may cause the awards rendered under it to be susceptible to enforceability issues. These issues may particularly arise out of reservations of the states against (i) arbitrability of... Hague Rules on Business and Human Rights Arbitration: What Lies ...September 28, 2020 in Blog by clairesheridan
Author: Christian Gavalda** Published: January 1993 Jurisdiction: Europe Topics: Categories of Disputes Arbitrability ECJ Description: Two parallel developments should help to bring about the more complete integration of arbitration within... Arbitration in the Context of Community Law: A Comment on ...July 29, 2020 by Claire Sheridan
Author: Emilia Onyema Published: May 2002 Jurisdiction: Africa Topics: Categories of Disputes Commercial Disputes Arbitrability ICSID UNCITRAL New York Convention Description: This is the first comprehensive text on international commercial... Amazu A. Asouzu, International Commercial Arbitration And African States: Practice, Participation ...July 27, 2020 by Claire Sheridan
...1985 Model Law, the BAA has adopted key arbitration principles such as competence-competence and the separability of the arbitration agreement. The BAA takes a broad approach to arbitrability, establishing, for... The Brazil-Nigeria Samba: From Partners in Business to Parties in ...June 20, 2022 in Blog tagged Arbitral Procedure / Arbitration Rules / Investment Disputes / Recognition and Enforcement by ARIA