...dispute’s inarbitrability and the effect of sanctions on the merits of the dispute. Even if the sanctions regime impacts the law related to the substantive issues of the dispute, it...
Search Results for : %22Law Applicable to the Merits%22
...become inapplicable in the English-seated and Singaporean-seated arbitrations? The answer would be yes and no. If one applies a corollary of the blue-pencil test,[27]then Article 43 would be inapplicable, however...
Dispute Resolution Clause in the ICC Rules 2021: An Innovative ...
...would still be the same, i.e “genuine/fair market value”. However, what makes the change in the quantum of damages and applicable interest is the valuation date for calculation of damages...
The Tik-Tok Ban in India: Remedies Under the ISDS Regime
...not by applying the ratio of Kvaerner, which it did not consider at all, but rather by delving into the merits of the issue and declaring that the arbitration clause...
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction
Author: Rayan Bhattacharya* Jurisdiction: United Kingdom Topics: Applicable Law Law Applicable to the Merits INTRODUCTION The absence of an express choice of governing law in international arbitration agreements is not...
The Expanded Powers of UK Courts in London-Seated Arbitration Agreements: ...
...harmonization of the laws applicable to international commercial arbitration, why does the term safe seats continue to apply to only a handful of jurisdictions? Seat Reservation for Big Boys...
A Case for Diversity in the Seat of Arbitration
Author: Hans Smit** Published: December 1995 Jurisdiction: United States Topics: Contractual Expansion or Limitation of Judicial Review Recourse Against Award Generally Review on the Merits Description: The United States Supreme...
The Arbitration Clause: Who Determines its Validity and its Personal ...
...term covers the issues of whether a particular dispute has been submitted to arbitration by the parties.[2] The U.S. Supreme Court has recognized that the arbitrator can decide the merits...
TagTime with Dr. Julie Bédard*** – Who Decides: Courts or ...
Author: Pedro Sousa Uva* Published: December 2010 Topics: Independence and Impartiality Appeal to Arbitral Tribunal and Annulment Description: “[The review on the merits is, whatever euphemistic phraseology is used, in...
A Comparative Reflection On Challenge Of Arbitral Awards Through The Lens ...
...on the merits of its underlying claims (in most jurisdictions, national courts are required to make some merits evaluation on a request for interim relief). Similarly, if the national court...
Songs of Innocence and Experience: Ten Years of Emergency Arbitration ...
Authors: Alexis Mourre and Janice Feigher Published: January 2009 Jurisdictions: France Switzerland Topics: Review on the Merits Description: Under French law, the rules applicable to judicial review of arbitral awards...
Can the Statutory Grounds for Review of Arbitral Awards Be ...
...the consent requirement still exists under some of these doctrines. The question of the law applicable to the extension of the arbitration agreement, however, has not attracted as much attention....