...tribunals have decided against such literal interpretations. But perhaps due to the lack of a central, authoritative appellate body, some arbitral tribunals have gone in the opposite direction, unabashedly adopting...
Search Results for : %22Arbitrators and Arbitral Tribunals%22
...requirement of the arbitral tribunal’s unanimous decision to replace an arbitrator is abolished. (5) Arbitrators’ and secretaries’ liability is limited to willful misconduct and gross negligence. Jurisdiction of the Arbitral...
Unpacking the New Greek Law on International Commercial Arbitration
...enough for investment tribunals. All these issues, combined with the fact that arbitral tribunals have no investigative powers on their own, pose a risk of corruption being unaddressed. As for...
Columbia Arbitration Day 2021 – Allegations of Corruption in International ...
Author: Parth Tyagi* Jurisdiction: International Topics: Experts Powers of Arbitrators Authority of the Arbitral Tribunal Arbitrators and Arbitral Tribunals I. INTRODUCTION Party-appointed experts play an essential part in the arbitral...
Crystalizing Jurisprudence: Assessing An Arbitral Tribunal’s Competence To Exclude A ...
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...
Reasoned Arbitral Awards: An Iranian Perspective
...& J. Ole Jensen, In a ‘First’ Worldwide, Austrian Supreme Court Confirms Arbitral Tribunal’s Power to Hold Remote Hearings Over One Party’s Objection and Rejects Due Process Concerns, http://arbitrationblog.kluwerarbitration.com/2020/10/24/in-a-first-worldwide-austrian-supreme-court-confirms-arbitral-tribunals-power-to-hold-remote-hearings-over-one-partys-objection-and-rejects-due-process-concerns/, Kluwer...
Is it appropriate to conduct a remote hearing under the ...
...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...
TagTime with Prof. Nayla Comair-Obeid – Robust Arbitrators: How to ...
...tribunal’s decision regarding its jurisdiction under Article 16(3) by a court.[3] This provision stipulates that if the arbitral tribunal rules that it has jurisdiction, any party may request, within thirty...
Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...
...arbitral tribunals worldwide. International arbitration has proven to be relatively resilient to these limitations. Some of the tools that are being widely used to cope with the pandemic are videoconferences...
Lessons from the Past: Avoiding the Frankfurt Surprise in the ...
Author: Prerona Banerjee* Jurisdictions: International Russia Topics: Arbitral Adjudication Enforcement of Arbitral Awards Arbitral Decisions Arbitral Process Dispute Resolution and Litigation Introduction Sanctions are penalties imposed on governments or private...
Arbitration or Sanctions: Who Survives the Battlefield?
...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
...arbitration, moderated by Emma Lindsay. Simon Batifort and Ben Love argued on both sides of the proposition that “an arbitral tribunal’s decision should bind other arbitral tribunals subsequently deciding on...