Search Results for : "Arbitrability"

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

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 India

November 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 ARIA Blog

...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

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...