...discovery,”[43] whereas “[t]he United States Federal Rules of Civil Procedure provide for broad pre-trial discovery, one of the most important instruments of discovery being document production.”[44] Moreover, in the context...
Search Results for : "Procedure"
...of the Arbitral Award The procedure for adjudicating an application for the annulment of an arbitral award is defined by reference to the procedure for resolving property disputes under Arts....
Unpacking the New Greek Law on International Commercial Arbitration
...procedure? (ii) How detailed are the procedures established by the rules? (iii) How flexible is the arbitrator in applying the procedure? (iv) How predictable is the procedure for the parties...
Commencement of the Arbitration and Conduct of the Arbitration Articles ...
...Code with regard to appellate arbitration procedure reads as follows:[2] In the absence of a time limit set in the statutes or regulations of the federation, association or sports-related body...
Proposals to Amend the Code of the Court of Arbitration ...
Author: Koji Takahashi** Published: April 2009 Jurisdiction: India Topics: Procedure and Grounds for Setting Aside Enforceability New York Convention Description: I. PURPOSE OF THIS ARTICLE In the judgment delivered in...
Jurisdiction to Set Aside a Foreign Arbitral Award, in Particular ...
Authors: Ryan Mellske and Enning Chang[1] Jurisdictions: International United States Topics: Discovery in Aid of Arbitration Procedure Arbitral Process Domestic Arbitration Law “We must go back to the time...
The Popular Meaning of “Foreign or International Tribunal” in ...
...in Part I or in the Code of Civil Procedure, 1908 (5 of 1908), a judicial authority, when seized of an action in a matter in respect of which the...
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction
...exclusion was that where an award is executable, there should be a procedure for the same, as opposed to mechanical execution. Such a procedure has been laid down in the...
Foreign Arbitral Awards Under Indian Insolvency Law: Room for Improvement?
...Procedure’, that are essential for conduct of the proceedings.[24] Thus, in conceptualizing a source of power to exclude a party-appointed expert, the arbitral tribunal must always work towards balancing the...
Crystalizing Jurisprudence: Assessing An Arbitral Tribunal’s Competence To Exclude A ...
...enthusiastic and limited in their criticism regarding the expedited option. For example, the Canadian contingent argued that the expedited procedure required an opt-out in the event that an expeditious procedure...
ICSID Rules Amendments: Two Major Proposed Reforms and Reactions from ...
...deemed to be “necessarily fulfilled”[2] by “substantially complying,”[3] as a matter of solemn duty, reasonably,[4] with the condition. It is to give due importance to the settled procedure of ADR...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...rules. These ad hoc rules are those sometimes found in BITs that delve into the appointing procedure of the tribunal and at times either outline a default procedure for the...