...measures granted by an emergency arbitrator or arbitral tribunal, shall not constitute breach or waiver of the arbitration agreement and shall not undermine the arbitral tribunal’s competence” (Article 22.4). Following...
Authors: Kabir Duggal & Amanda Lee* Jurisdiction: International Topics: Arbitrators and Arbitral Tribunals Composition of Arbitral Tribunal Roster of Arbitrators Designation of Arbitrators “Diversity is being invited...
...come in the future. Composition of the Arbitral Tribunal Concerning the composition of the arbitral tribunal, Law 5016/2023 introduces the following novelties to ensure its speedy appointment and unobstructed function:...
...not to interfere), and the possible solutions for the problems of jurisdiction between arbitral tribunals and courts they present. II. ANTI-ARBITRATION INJUNCTIONS: A CONCEPTUAL FOUNDATION Anti-arbitration injunctions are court orders...
...emphasized that set aside or recognition proceedings are not the proper scenario to challenge or discuss substantive aspects of the dispute that should have been alleged before the arbitral tribunal....
...of the Arbitration and Conciliation Act, 1996, which provides that “In order to facilitate the conduct of the arbitral proceedings, the parties, or the arbitral tribunal with the consent of...
...effective and enforceable and the courts will be competent to hear the case. [13] Article 35 of TRAC Arbitration Rules: “The arbitral tribunal shall state the reasons upon which the...
...funding agreements after the constitution of the arbitral tribunal, if doing so gives rise to a conflict of interest. In such circumstances, the arbitral tribunal is empowered to direct the...
...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...
...Arbitration Rules. Article 17.1 provides that “the arbitral tribunal may conduct the arbitration in such manner as it considers appropriate[.]”[3] As an option that the arbitral tribunal “may” consider, Article...
...whether the arbitral tribunal has reached an adequate decision on matters of law and facts. In order to recognize a foreign award, the applicant must only show that the award...
...and examined in the manner set by the arbitral tribunal. The arbitral tribunal may direct that witnesses or expert witnesses be examined through means that do not require their physical...
This website uses cookies as well as similar tools and technologies to understand visitors' experiences. By continuing to use this website, you consent to Columbia University's usage of cookies and similar technologies, in accordance with the Columbia University Website Cookie Notice.OkColumbia University Website Cookie Notice