...Hence, while determining a particular case for jurisdiction or admissibility, not only does the dispute resolution clause with the pre-arbitral and arbitral mechanisms need to be scrutinized, but the underlying...
Search Results for : %22Commencement of Arbitral Proceedings%22
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
...arbitration law is silent on the confidentiality of arbitral proceedings. The reformed Italian arbitration law has not introduced any default provision on confidentiality. The Arbitration Act is also silent on...
The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...
...arbitral or Court proceedings. Insolvency proceedings cannot be initiated against an operational creditor if there is a pre-existing dispute between the parties.[11] As per the Supreme Court’s ruling in the...
To Do or Not To Do: The Financial Disclosure of ...
...in place that arbitral tribunals and ODR platforms can adhere to. Despite most international arbitral institutions having their own rules regarding confidentiality of proceedings, there is no uniform standard of...
Technology and Arbitration: The Age of Confidentiality Concerns and Due ...
...minimize disruption to the arbitral proceedings on a digital platform and to provide means to submit filings and conduct virtual hearings.[19] Apart from these protocols, some arbitral institutes like the...
Key Considerations in Drafting Dispute Resolution Clause in the COVID ...
...as the foundational principle of international arbitration, ideates that the arbitral tribunal is vested with the power to rule on the question of its own jurisdiction.[1] In practice, this result...
Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...
...control the costs of arbitral proceedings.[8] Since the outbreak of this global pandemic, leading arbitral institutions have all been publishing guidance and notes on conducting remote hearings. Similar to the...
Is it appropriate to conduct a remote hearing under the ...
...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
...necessary to safeguard the integrity of the proceedings. He warned that tribunals should not be burdened with policing counsel ethics beyond what is necessary to safeguard the arbitral proceedings as...
Columbia Arbitration Day 2020
...that the funder will cover the party’s legal costs and expenses in exchange for allocating to the funder a percentage of any proceeds derived from the arbitral proceedings.[18] Typically, TPF...
Arbitration Finance in the Aftermath of a Pandemic: Third-Party Funding ...
...carry on the proceedings.[4] After discussions, the arbitral tribunal gathered the parties’ agreements and circulated “Procedural Order No. 10”.[5] Section III of the procedural order read “[t]he arbitral tribunal furthermore...