...dilatory tactics employed by counsel to delay and frustrate arbitral proceedings, as well as attempts to destabilise arbitral tribunals. In this context, she has seen not only that counsel have...
Search Results for : %22Appeal to Arbitral Tribunal and Annulment%22
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...
A 360-Degree, Kaleidoscopic View of Diversity and Inclusion (or Lack ...
...decision, Chinese claimants brought an expropriation claim, and respondent Mongolia challenged the jurisdiction of the tribunal. The tribunal declined jurisdiction, and the claimants sought annulment of this jurisdictional award. It...
ARIA Report: “Arbitration in Two Worlds: U.S. and Brazilian Perspectives ...
...award’s annulment. It then examines the court’s own reasoning in some detail. Lastly, it shows that, however momentous the annulment may have been, the Dutch court avoided answering several very...
The Yukos Annulment: Answered and Unanswered Questions – Vol. 27 ...
...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...
Provisional Measures in Aid of Arbitration in Brazil
...a state-owned entity’s decision to exercise rights of “administrative rescission,” the very claim at issue in the arbitration, was not subject to arbitration.[1] December 2009 Arbitral Tribunal issued the final...
Case Comment: Comissa v. PEMEX, 832 F.3d 92 (2d Cir. ...
Author: Raúl Pereira Fleury* Jurisdiction: International Switzerland Topics: Independence and Impartiality Arbitrators and Arbitral Tribunals On December 22, 2020, the Swiss Federal Supreme Court (the “Supreme Court”) handled its decision...
Beware of What You Tweet – Social Media and the ...
Author: Ahan Gadkari* Jurisdiction: India Topics: Appointment of Arbitrators Arbitrators and Arbitral Tribunals Domestic Proceedings in Arbitration Abstract Party autonomy has significant importance in any arbitration proceeding....
Single-Party Arbitrator Nomination as a Ground of Annulment in India
Author: Hans Smit* Published: January 2009 Jurisdiction: International Topics: Enforcement of Arbitral Awards Enforceability Grounds for Refusal of Enforcement Description: I. INTRODUCTION International arbitration is traditionally hailed as affording the...
Annulment and Enforcement of International Arbitral Awards: A Practical Perspective ...
...international arena. Many authors, such as Gary Born, have condemned the practice on grounds of undue interference in arbitral proceedings.[15] Kompetenz-kompetenz, a key principle of international arbitration, allows arbitral tribunals...
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction
...interpretation. Arbitral tribunals, as was emphasised in Achmea, generally do not form part of the judicial system of the Member States. The ECJ has now extended this finding to tribunals...
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
Author: Sima Ghaffari* Jurisdiction: Iran Topics: Reasons Requirement Enforcement of Arbitral Awards International Institutions and Rules Drafting an enforceable and well-reasoned arbitral award is an art. The...